The Sea Fishing (Transitional Support) (Scotland) (No. 2) Scheme 2003

Rate of payment

7.—(1) The Scottish Ministers shall pay such grants at such rates and for such periods as they may from time to time determine, to applicants whose applications they have approved under paragraph 6.

(2) In determining such grants, the Scottish Ministers shall have regard to–

(a) the historic activity of the vessel in respect of which the application was made;

(b) the capacity of that vessel; and

(c) the application of Annex XVII of Council Regulation (EC) No 2341/2002 in relation to that vessel(1).

(3) In this paragraph–

“capacity” means the capacity of the vessel measured in gross tonnage, vessel capacity units, or its engine power (expressed in kilowatts);

“fishing trips” means time spent by a vessel–

(a)

steaming between port and fishing ground and between one fishing ground and another;

(b)

engaged in fishing for profit,

and for this purpose “fishing for profit” means fishing with a view to securing a financial return deriving from sale of the sea fish landed;

“historic activity” means any or all of the following:–

(a)

the time spent at sea by a vessel on fishing trips or such part of that time as the Scottish Ministers may from time to time determine;

(b)

the gear deployed by a vessel on fishing trips during such period as the Scottish Ministers may from time to time determine;

(c)

the recorded landings of sea fish in respect of a vessel during such period as the Scottish Ministers may from time to time determine;

“recorded landings” means the information recorded, in relation to the quantities of species caught, in landing declarations submitted in compliance with Article 8.1 of Regulation 2847/93(2); and

“vessel capacity units” means–

where–

• L is the length of the vessel in metres;

• B is the breadth of the vessel in metres; and

• P is the recorded engine power of the vessel expressed in kilowatts.

(1)

O.J. No. L 356, 31.12.02, p.12.

(2)

O.J. No. L 261, 20.10.93, p.1 as amended by Council Regulation (EC) No. 2870/95, O.J. No. L 301, 14.12.95, p.1, Council Decision (EC) No. 95/528, O.J. No. L 301, 14.12.95, p.35, Council Regulation (EC) No. 2489/96, O.J. No. L 338, 28.12.96, p.12, Council Regulation (EC) No. 686/97, O.J. No. L 102, 19.4.97, p.1, Council Regulation (EC) No. 2205/97, O.J. No. L 304, 7.11.97, p.1, Council Regulation (EC) No. 2635/97, O.J. No. L 356, 31.12.97, p.14 and Council Regulation (EC) No. 2846/98, O.J. No. L 358, 31.12.98, p.5.