The Fishery Products (Official Controls Charges) (England) Regulations 2007

Interpretation

2.—(1) In these Regulations —

“Directive 2004/41”, “Regulation 2406/96”, “Regulation 852/2004, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005” and “Regulation 2076/2005” have the meanings respectively given to them in the Schedule;

“establishment” has the meaning given to it in paragraph 1(c) of Article 2 of Regulation 852/2004;

“first placing on the market” has the meaning that it bears in Regulation 882/2004;

“first sale in a fish market” shall be construed in accordance with the phrase “first sale in fish market” in Regulation 882/2004;

“fishery products” has the meaning given to it in point 3.1 of Annex I to Regulation 853/2004;

“food authority” has the meaning that it bears by virtue of section 5(1) of the Food Safety Act 1990(1), except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of that Act (which deals with the Inner Temple and Middle Temple);

“imported” means introduced into England 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 paragraph 1 of Article 2 of Regulation 882/2004;

“processing” has the meaning that it bears in Chapter V of Section B of Annex IV to Regulation 882/2004;

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

“relevant fishery products” means fishery products which —

(a)

were caught in their natural environment;

(b)

are imported by a fishing vessel flying the flag of a third country;

(c)

have not been on land prior to being imported; and

(d)

are intended for placing on the market for human consumption,

other than relevant landed fishery products and third country imports;

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

“relevant landed fishery products” means fishery products which —

(a)

are landed in England;

(b)

have not been on land previously; and

(c)

are intended for placing on the market for human consumption,

other than relevant fishery products 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 (Trachurus spp.);

(e)

anchovies (Engraulis spp.);

(f)

picarels of the species Maena smaris; and

(g)

sprat of the species Sprattus sprattus;

“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 54 of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006(2); and

“vendor” means —

(a)

where a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products is effected on behalf of the owner or master of a vessel by another person, that other person; and

(b)

where there is a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products in any other circumstances, the owner or master of the vessel from which they are landed.

(2) Where any functions under the Food Safety Act 1990 are assigned —

(a) by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984(3), to a port health authority;

(b) by an order under section 6 of the Public Health Act 1936(4), to a joint board for a united district; or

(c) by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985(5), to a single authority for a metropolitan county,

any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

(1)

1990 c.16; section 5 was amended by paragraphs 8 and 9 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28).

(2)

S.I. 2006/2841, amended by S.I. 2007/1605.

(3)

1984 c.22; section 7(3)(d) was substituted by paragraph 27 of Schedule 3 to the Food Safety Act 1990 (1990 c.16).

(4)

1936 c.49; section 6 is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.

(5)

1985 c.51; paragraph 15(6) was amended by paragraph 31(b) of Schedule 3 to the Food Safety Act 1990.