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

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Interpretation

2.  In these Regulations—

“chilled” (“wedi'u hoeri”) means cooled to a temperature approaching that of melting ice;

“competent authority” (“awdurdod cymwys”) means the authority designated under regulation 4 of the Food Hygiene (Wales) Regulations 2005(1)

“Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 178/2002” (“Rheoliad 178/2002”), “Regulation 852/2004” (“Rheoliad 852/2004”), “Regulation 853/2004” (“Rheoliad 853/3004”), “Regulation 854/2004” (“Rheoliad 854/2004”), “Regulation 882/2004” (“Rheoliad 882/2004”), “Regulation A” (“Rheoliad A”), “Regulation B” (“Rheoliad B”), “Regulation C” (“Rheoliad C”), “Regulation D” (“Rheoliad D”) and “Regulation E” (“Rheoliad E”) have the meanings respectively given to them in the Schedule;

EEA State” (“Gwladwriaeth AEE”) means a member State, Norway, Iceland or Liechtenstein;

“employers' National Insurance contributions” (“cyfraniadau cyflogwyr at Yswiriant Gwladol”) means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992(2);

“establishment” (“sefydliad”) has the meaning given to it in paragraph 1(c) of Article 2 of Regulation (EC) No. 852/2004;

“factory vessel” (“llestr ffatri”) and “fishery products” (“cynhyrchion pysgodfeydd”) have the meanings respectively given to them in points 3.2 and 3.1 of Annex I to Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(3);

“food authority” (“awdurdod bwyd”) has the meaning given in sub-section 1A of section 5 of the Food Safety Act 1990(4);

“imported” (“a fewnforir”) means brought into Wales other than from another part of the British Islands;

“official controls” (“rheolaethau swyddogol”) is to be construed in accordance with the definition of the term “official control” in paragraph 1(a) of Article 2 of Regulation 854/2004;

“placing on the market” (“rhoi ar y farchnad”) has the meaning given to it in paragraph 8 of Article 3 of Regulation (EC) No. 178/2002;

“port health authority” “awdurdod iechyd porthladd”) means in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984(5), a port health authority for that district constituted by order under section 2(4) of that Act;

“processing” (“prosesu”) has the meaning given to it in paragraph 1(m) of Article 2 of Regulation (EC) No. 852/2004;

“processing establishment” (“sefydliad prosesu”) means an establishment at which processing occurs;

“relevant fishery products” (“cynhyrchion pysgodfeydd perthnasol”) means imported fishery products which—

(a)

originate in a third country;

(b)

were caught in their natural environment;

(c)

have not or had 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 Wales; and

(e)

are intended for placing on the market for human consumption;

“relevant food authority” (“awdurdod bwyd perthnasol”) 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” (“cynhyrchion pysgodfeydd sy'n cael eu glanio ac sy'n berthnasol”) 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 Wales; and

(d)

are intended for placing on the market for human consumption,

other than relevant fishery products being sold for the first time in Wales and third country imports;

“specified pelagic fish” (“pysgod eigional penodedig”) 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” (“trydedd wlad”), except in the expression “third country import” (“mewnforyn trydedd wlad”), means any country or territory, other than Greenland, which does not comprise the whole or part of an EEA State;

“third country import” (“mewnforyn trydedd wlad”) means an import in respect of which a charge is payable under regulation 52(1) of the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2004(6);

“vendor” (“gwerthwr”) 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.

(2) Any reference in these Regulations to a food authority includes a reference to a port health authority and in the context of such a reference any reference to a food authority’s area includes a reference to a port health authority’s district.

(3)

OJ No. L139, 30.4.2004, p.55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.22).

(4)

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

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