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

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sch. 1 heading word substituted by S.S.I. 2019/24 reg. 8(6)(a)
sch. 1 words omitted by S.S.I. 2019/24 reg. 8(6)(b)(i)
sch. 1 words omitted by S.S.I. 2019/24 reg. 8(6)(b)(ii)
sch. 1 words omitted by S.S.I. 2019/24 reg. 8(6)(b)(iii)
sch. 1 words omitted by S.S.I. 2019/24 reg. 8(6)(b)(iv)
sch. 1 words omitted by S.S.I. 2019/24 reg. 8(6)(b)(v)
sch. 1 words substituted by S.S.I. 2019/24 reg. 4(4)(a)(ii) (This amendment not applied to legislation.gov.uk. The words to be substituted were already substituted (5.10.2015) by virtue of S.S.I. 2015/320, Sch. Pt. 2)

Articles 2(1) and (3), 5(1) and 6(2)

SCHEDULE 1SEU RECORDING AND REPORTING REQUIREMENTS, CONTRAVENTION OF WHICH CONSTITUTES AN OFFENCE

This schedule has no associated Executive Note

Column 1		Column 2	Column 3			Column 4
Provision		Detailed Rules	Subject Matter			Persons liable
1. The Control Regulation
[F1(aa)	Article 14(1) to (7) and (9), subject to Article 15(1) and (5).	Articles 29 to 33, and 48 to 51 of Regulation 404/2011.	In relation to EU fishing boats with an overall length of 10 metres or more—			The master; the master’s agent.
					Requirement: (a) to keep a fishing logbook of their operations (recording specific information); and (b) to submit the fishing logbook information as soon as possible, and not later than 48 hours after landing— (i) to the competent authority of the flag Member State; and (ii) where the landing has taken place in a Member State other than the flag Member State, to the competent authority of the port/coastal Member State.]
(a)	Article 15(1) and (2), subject to Article 15(3) F2... .	[F3Article 47 of Regulation 404/2011].	In relation to EU fishing boats with an overall length of 12 metres or more—			The master, the owner, the charterer (if any) and the agent of any of these persons.
					Requirement to: (a) record fishing logbook data by electronic means, and (b) send that data by electronic means to the competent authority of the flag Member State at least once a day and not later than 24:00 hours (even when there are no catches) and, in addition, at the request of the competent authority of the flag Member State, immediately after completion of the last fishing operation, before entering into port, at the time of any inspection at sea, and at the time of events defined in EU legislation or by the flag Member State.
(b)	Article 17(1) and (4).		In relation to EU fishing boats with an overall length of 12 metres or more, which fish for stocks that are subject to a multiannual plan and are required to record fishing logbook data by electronic means in accordance with Article 15 of the Control Regulation—			The master, the owner, the charterer (if any) and the agent of any of these persons.

					Requirement to notify the competent authority of the flag Member State, at least 4 hours before the estimated time of arrival at port, of the following information by electronic means: (a) the external identification number and the name of the fishing boat; (b) the name of the port of destination and the purposes of the call; (c) the dates of the fishing trip and the relevant geographical areas in which the catches were taken; (d) the estimated date and time of arrival at port; (e) the quantities of each species recorded in the fishing logbook, and (f) the quantities of each species to be landed or transhipped.
(c)	Article 18(1).		In relation to EU fishing boats which are not required by Article 15 of the Control Regulation to record fishing logbook data by electronic means and which intend to use port or landing facilities in a coastal Member State other than their flag Member State—			The master, the owner, the charterer (if any) and the agent of any of these persons.

					Requirement to notify the competent authority of the coastal Member State, at least 4 hours before the estimated time of arrival at port, of the following information: (a) the external identification number and the name of the fishing boat; (b) the name of the port of destination and the purposes of the call; (c) the dates of the fishing trip and the relevant geographical areas in which the catches were taken; (d) the estimated date and time of arrival at port; (e) the quantities of each species recorded in the fishing logbook, and (f) the quantities of each species to be landed or transhipped.
[F4(ca)	Article 21(1) to (5), subject to Articles 15(5) and 22(1).	Articles 29 to 32, 34, 48 to 50 and 52 and 53 of Regulation 404/2011.	In relation to EU fishing boats with an overall length of 10 metres or more—			The master of the transhipping fishing boat; the master of the receiving fishing boat; either master’s agent.
					Requirement: (a) to complete a transhipment declaration (recording specific information); and (b) to submit the transhipment declaration as soon as possible, and not later than 48 hours after transhipment— (i) to the competent authority of the flag Member State; and (ii) where the transhipment has taken place in a Member State other than the flag Member State, to the competent authority of the port/coastal Member State.]
(d)	Article 22(1), subject to Article 22(2).	[F5Article 47(2) of Regulation 404/2011].	In relation to EU fishing boats with an overall length of 12 metres or more—			The master, the owner, the charterer (if any) and the agent of any of these persons.
					Requirement to: (a) record transhipment declaration data by electronic means, and (b) send that data by electronic means to the competent authority of the flag Member State within 24 hours of completing the transhipment operation.
[F6(da)	Article 23(1) to (4), subject to Articles 15(5) and 24(1) and (5).	Articles 29 to 32, 35, 48 to 50, 54 and 55 of Regulation 404/2011.	In relation to EU fishing boats with an overall length of 10 metres or more—			The master; the master’s agent.
					Requirement: (a) to complete a landing declaration (recording specific information); and (b) to submit the landing obligation as soon as possible, and not later than 48 hours after landing— (i) to the competent authority of the flag Member State; and (ii) where the landing has taken place in a Member State other than the flag Member State, to the competent authority of the port/coastal Member State.]
(e)	Article 24(1), subject to Article 24(2).		In relation to EU fishing boats with an overall length of 12 metres or more—			The master, the owner, the charterer (if any) and the agent of any of these persons.
					Requirement to: (a) record landing declaration data by electronic means, and (b) send that data by electronic means to the competent authority of the flag Member State within 24 hours of landing.
(f)	Article 28(1).		In relation to EU fishing boats which are subject to a fishing effort regime and are not equipped with a functioning vessel monitoring system or do not transmit fishing logbook data by electronic means under Article 15 of the Control Regulation—			The master, the owner, the charterer (if any) and the agent of any of these persons.

					Requirement to communicate a fishing effort report by telex, fax, telephone message, e-mail or radio (via an EU-approved radio station) to the competent authority of the flag Member State (and, where appropriate, to the coastal Member State) immediately before each entry into, and exit from, a geographical area subject to that effort regime.
(g)	Article 62(1), as read with Article 64 and subject to Article 65(2).		In relation to registered buyers, registered auctions or other bodies or persons authorised by Member States that are responsible for the first marketing of fisheries products landed in a Member State and have an annual financial turnover in first sales of fisheries products of less than [euro]200,000—			The registered buyer, the registered auction or other authorised body or person responsible for the first sale of the fisheries products.
					Requirement to submit a sales note to the competent authority of the Member State where the first sale takes place within 48 hours of the first sale.
(h)	Article 62(5), as read with Article 64 and subject to Article 65(2).		Where fisheries products are landed outside the EU and the first sale takes place in a third country—			The master, the owner, the charterer (if any) and the agent of any of these persons.
					Requirement to submit a copy of the sales note (or any equivalent document containing the same level of information) to the competent authority of the flag Member State within 48 hours of the first sale.
[F7(ha)	Article 63(1), as read with Articles 60(5) and 64, and subject to Article 65.	Article 90 and 91(1) of Regulation 404/2011.	In relation to the registered buyers, registered auctions or other bodies or persons authorised by Member States that are responsible for the first marketing of fisheries products landed in a Member State and have an annual financial turnover in first sales of fisheries products of EUR 200,000 or more—			The registered buyer; the registered auction; any other authorised body or person responsible for the first sale of fisheries products.
					Requirement: (a) to record sales note data by electronic means; and (b) to send that data by electronic means to the competent authority of the Member state where the first sales takes place, within 24 hours of the first sale.]
(i)	Article 66(1) and (3).		In relation to registered buyers, registered auctions or other bodies or persons authorised by Member States that are responsible for the first marketing of fisheries products landed in a Member State and have an annual financial turnover in first sales of fisheries products of less than [euro]200,000, and where fisheries products are intended for sale at a later stage—			The registered buyer, the registered auction or other authorised body or person responsible for the first sale of the fisheries products.

					Requirement to submit a take-over declaration to the competent authority of the Member State where the take-over takes place within 48 hours of landing.
[F8(j)	Article 67(1).		In relation to registered buyers, registered auctions or other bodies or persons authorised by Member States that are responsible for the first marketing of fisheries products landed in a Member State and have an annual financial turnover in first sales of fisheries products of €200,000 or more, and where fisheries products are intended for sale at a later stage—			The registered buyer, the registered auction or other authorised body or person responsible for the first sale of the fisheries products.
					Requirement to: (a) record take-over declaration data by electronic means, and (b) send that data by electronic means to the competent authority of the Member State where the take-over takes place within 24 hours of landing.
(k)	Article 68(1), (3), (5) and (7), subject to Article 68(2) and (8).		In relation to fisheries products that are landed in the EU (either unprocessed or having been processed on board), for which neither a sales note nor a take-over declaration has been submitted in accordance with Article 62, 63, 66 or 67 of the Control Regulation, and which are transported to a place other than that of landing—			The transporter of fisheries products. (“Transporter” means the owner of, the hirer of, and the person responsible for, any vehicle used to transport fisheries products.)
					Requirement to: (a) draw up a transport document; (b) ensure that it accompanies the fisheries products until the first sale; (c) submit the transport document to the competent authority of the Member State where the landing takes place and, where the products are transported to a different Member State, submit a copy of the transport document to the competent authority of the Member State where the first marketing is declared to take place, both within 48 hours of loading the fisheries products, and (d) prove at all times by documentary evidence that a sales transaction has taken place, in cases where fisheries products have been declared as sold in a sales note and are transported to a location other than the place of landing.]
[F92. Regulation 404/2011
(a)	Article 39(1) and (2)		In relation to any EU fishing boat to which Articles 15, 17, 22 and 24 (electronic completion and transmission of fishing logbook, prior notification, transhipment declaration and landing declaration data) of the Control Regulation apply, and whose electronic recording and reporting system malfunctions—			The master; the owner; the charterer (if any); the agent of any of these persons.
					Requirement to communicate certain data (e.g. fishing logbook, transhipment declaration, landing declaration and prior notification data), as specified, to the competent authority of the flag Member State, by telecommunication means prescribed by it— (a) at least once a day and not later than 24:00 hours (event where there are no catches); and (b) at the request of the competent authority of the flag Member State, immediately after the last fishing operation or after completion of any transhipment, before entering into port, at the time of any inspection at sea, and at the time of events defined in EU legislation or by the flag Member State.
(b)	Article 39(4)		In relation to any EU fishing boat to which Articles 15, 17, 22 and 24 (electronic completion and transmission of fishing logbook, prior notification, transhipment declaration and landing declaration data) of the Control Regulation apply—			The master; the owner; the charterer (if any); the agent of any of these persons.
					Prohibition on leaving port following a technical failure or malfunction of the electronic recording and reporting system fitted on board unless— (a) the system is fully functioning to the satisfaction of the competent authority of the flag Member State; or (b) the competent authority of the flag Member State has authorised the boat to leave port with a non-functioning electronic recording and reporting system.
(c)	Article 40(3)		In relation to any EU fishing boat to which Articles 15, 22 and 24 (electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration data) of the Control Regulation apply, and which has been notified that its flag Member State has not received data transmissions in accordance with those Articles—			The master; the owner; the charterer (if any): the agent of any of these persons.
					Requirement to send the notified data to the competent authority of the flag Member State immediately on receipt of such notification.
(d)	Article 41(3)		In relation to any EU fishing boat to which Articles 15, 22 and 24 (electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration data) of the Control Regulation apply, and which has been notified that a coastal Member State cannot access the boat’s electronic logbook or transhipment data (in accordance with Article 44 of Regulation 404/2011)—			The master; the owner; the charterer (if any); the agent of any of these persons.
					Requirement to send such data, and a copy of the return message issued in accordance with Article 38(1) of Regulation 404/2011, to the competent authority of the coastal Member State upon request and by any available electronic means prescribed by it.
(e)	article 41(4), as read with Article 41(3)		In relation to any EU fishing boat to which Articles 15, 22 and 24 (electronic completion and transmission of fishing logbook, transhipment declaration and landing declaration data) of the Control Regulation apply, and which cannot provide a copy of a return message in compliance with a coastal Member State’s request under Article 41(3) of the Implementing Regulation—			The master; the owner; the charterer (if any); the agent of any of these persons.
				Prohibition on undertaking any fishing activities in the coastal Member State’s waters until a copy of the return message (issued in accordance with Article 38(1) of Regulation 404/2011) or fishing logbook information (referred to in Article 14(1) of the Control Regulation) is provided to the competent authority of the coastal Member State.]
3. Regulation 2847/93
(a)	F10. . .
(b)	F10. . .
(c)	F10. . .
(d)	F11. . .