The Sea Fishing (EU Control Measures) (Scotland) Order 2015

Amendment of the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010 S

28.—(1) The Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010 M1 is amended as follows.

(2) In article 2(1) (interpretation)—

(a) after the definition of “British sea-fishery officer” insert—

““Common Fisheries Policy Regulation” means Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC M2 ;”;

(b) for the definition of “EU fishing boat” substitute—

““EU fishing boat” means a Union fishing vessel as defined in Article 4.1(5) of the Common Fisheries Policy Regulation;”;

(c) in the definition of “EU recording and reporting requirement”, for “, Regulation 1077/2008 or Regulation 2847/93” substitute “ or Regulation 404/2011 ”;

(d) in the definition of “logbook”, for “Article 6 of Regulation 2847/93 (as read with Regulation 2807/83)” substitute “ Articles 14, 15 and 16 of the Control Regulation (as read with Regulation 404/2011) ”;

(e) omit the definition of “Regulation 2807/83”;

(f) omit the definition of “Regulation 2847/93”;

(g) omit the definition of “Regulation 1077/2008”;

(h) after the definition of “Regulation 201/2010” insert—

““Regulation 404/2011” means Commission Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy M3 ;”; and

(i) in the definition of “relevant offence” omit “4,”.

(3) In article 2(5), for “Regulations 2847/93, 1006/2008, 1077/2008 and 201/2010,” substitute “ Regulations 1006/2008, 201/2010 and 404/2011, ”.

(4) Omit article 4 (register of fish buyers and sellers with the prescribed annual financial turnover).

(5) In article 5 (EU recording and reporting requirements), in paragraph (3) M4 , for “on the same basis as the prescribed annual financial turnover referred to in article 4(3)” substitute “ for a calendar year using the annual financial turnover for a person for the calendar year and based on the European Central Bank's official average euro foreign exchange reference rate applicable for that calendar year ”.

(6) In article 6 (EU (third country) recording and reporting requirements), in paragraph (2), for “1(a) to (e), 2(c) to (g) and 3(a) to (c)” substitute “ 1(aa) to (e) and 2(a) to (e) ”.

(7) In article 7 (penalties), in paragraph (3) omit “, other than an offence under article 4(4) or (5),”.

(8) In article 10 (powers of British sea-fishery officers on land), in paragraph (1) omit “4,”.

(9) In article 11 (powers of British sea-fishery officers to seize fish), omit “, other than an offence under article 4(4) or (5),”.

(10) In article 15 (admissibility in evidence of logbooks and other documents)—

(a) in paragraph (1)(a) for “Article 6 of Regulation 2847/93” substitute “ Article 14 ”;

(b) in paragraph (1)(b) for “Article 8(1) of Regulation 2847/93” substitute “ Article 23(3) ”; and

(c) in paragraph (1)(c) for “Article 11 of Regulation 2847/93” substitute “ Article 21(4) ”.

(11) In the table in Schedule 1 (EU recording and reporting requirements, contravention of which constitutes an offence)—

(a) before entry 1(a), insert entry 1(aa) as set out in the table in Part 1 of the Schedule to this Order;

(b) in entry 1(a), in column 2 (detailed rules), for “Article 6(1), (2) and (5) of Regulation 1077/2008” substitute “ Article 47 of Regulation 404/2011 ”;

(c) after entry 1(c), insert entry 1(ca) as set out in the table in Part 1 of the Schedule to this Order;

(d) in entry 1(d), in column 2 (detailed rules), for “Article 6(2) of Regulation 1077/2008” substitute “ Article 47(2) of Regulation 404/2011 ”;

(e) after entry 1(d), insert entry 1(da) as set out in the table in Part 1 of the Schedule to this Order;

(f) for entry 1(ha) M5 , substitute entry 1(ha) as set out in the table in Part 1 of the Schedule to this Order;

(g) for entries 2(c) to (g) M6 (relating to Regulation 1077/2008) substitute the entries set out in the table in Part 2 of the Schedule to this Order; and

(h) omit entries 3(a) to (c) M7 (relating to Regulation 2847/93).

Marginal Citations

M1 S.S.I. 2010/334, amended by S.S.I. 2011/59.

M2 OJ L 354, 28.12.2013, p.22, as amended by Council Regulation (EU) No 1385/2013 (OJ L 354, 28.12.2013, p.86) and Regulation (EU) 2015/812 (OJ L 133, 29.5.2015, p.1).

M3 OJ L 112, 30.4.2011, p.1, as corrected by a corrigendum (OJ L 328, 10.12.2011, p.58).

M4 Article 5(3) was amended by S.S.I. 2011/59.

M5 Entry 1(ha) was inserted by S.S.I. 2011/59.

M6 Entries 2(a) and (b) were omitted by S.S.I. 2011/59, article 7(c).

M7 Entry 3(d) was omitted by S.S.I. 2011/59, article 7(d).