Council Regulation (EC) No 1035/2001Show full title

CHAPTER I U.K. General provisions

Article 1 U.K. Purpose

This Regulation lays down the general rules and conditions governing the implementation F1 ... of the Catch Documentation Scheme for Dissostichus spp. adopted by CCAMLR.

Textual Amendments

F1 Words in Art. 1 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 4(2)

[F2 Article 2 U.K. Scope

1. This Regulation shall apply to all Dissostichus spp. falling within TARIC codes 0302 69 88 00, 0303 79 88 10, 0303 79 88 90, 0304 20 88 10 and 0304 20 88 00:

(a) landed or transhipped by [F3 United Kingdom] fishing vessels; or

(b) imported into, or exported or re-exported from [F4 Great Britain].

2. This Regulation shall not apply to by-catches of Dissostichus spp. taken by trawlers fishing on the high seas outside the CCAMLR area.

For the purpose of this paragraph, a by-catch of Dissostichus spp. means a quantity of Dissostichus spp. representing no more than 5 % of the total catch of all species and no more than 50 tonnes for an entire fishing trip by a vessel.

F5 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F2 Substituted by Council Regulation (EC) No 669/2003 of 8 April 2003 amending Regulation (EC) No 1035/2001 establishing a catch documentation scheme for Dissostichus spp..

F3 Words in Art. 2(1)(a) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 4(3)(a)(i)

F4 Words in Art. 2(1)(b) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 4(3)(a)(ii)

F5 Art. 2(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 4(3)(b)

Article 3 U.K. Definitions

For the purposes of this Regulation:

(a)

‘Dissostichus spp’: means fish of the species Dissostichus eleginoides and Dissostichus mawsoni;

(b)

‘Catch document’: means a document containing the information specified in Annex I and presented in accordance with the specimen shown in Annex II;

(c)

‘CCAMLR area’: means the area of application defined in Article I of the Convention[F6 ;]

(d)

[F7 ‘import’ means the physical entering or bringing of a catch into any part of the geographical territory under the control of a State [F8 or from Northern Ireland into Great Britain], except [F9 (in either case)] where the catch is landed or transhipped within the definitions of ‘landing’ or ‘transhipment’ set out in points (e) and (f);

(e)

‘landing’ means the initial transfer of catch in its harvested or processed form from a vessel to dockside or to another vessel in a port or free trade zone where the catch is certified by an authority of the Port State as landed;

(f)

‘transhipment’ means:

• the transfer of a catch in its harvested or processed form from a vessel to another vessel or means of transport, and, where such transfer takes place within the territory under the control of a Port State, for the purpose of effecting its removal from that State [F10 or its removal from Great Britain to Northern Ireland or vice versa],

• temporarily placing a catch on land or an artificial structure to [F11 facilitate] such transfer where the catch is not landed within the definition of point (e);

(g)

[F12 ‘export’ means any movement of a catch in its harvested or processed form:

• from the territory under the control of a State or free trade zone of landing, or, where that State or free trade zone forms part of a customs union, any other Member State of this customs union, or

• where Great Britain is the place of landing, from Great Britain;]

(h)

[F13 ‘re-export’ means any movement of a catch in its harvested or processed form:

• from territory under the control of the State, free trade zone, or Member State of a customs union of import unless that State, free trade zone, or any Member State of that customs union of import is the first place of import, in which case the movement is an export within the definition in point (g), or

• where Great Britain is the place of import, from Great Britain, unless Great Britain is the first place of import, in which case the movement is an export within the definition in point (g);]

(i)

‘Port State’ means the State that has control over a particular port area or free trade zone for the purposes of landing, transhipment, importing, exporting and re exporting and whose authority serves as the authority for landing or transhipment certification.]

Textual Amendments

F6 Substituted by Council Regulation (EC) No 1368/2006 of 27 June 2006 amending Regulation (EC) No 1035/2001 establishing a catch documentation scheme for Dissostichus spp..

F7 Inserted by Council Regulation (EC) No 1368/2006 of 27 June 2006 amending Regulation (EC) No 1035/2001 establishing a catch documentation scheme for Dissostichus spp..

F8 Words in Art. 3(d) inserted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 4(4)(a)(i)

F9 Words in Art. 3(d) inserted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 4(4)(a)(ii)

F10 Words in Art. 3(f) inserted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 4(4)(b)(i)

F11 Word in Art. 3(f) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 4(4)(b)(ii)

F12 Art. 3(g) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 4(4)(c)

F13 Art. 3(h) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(3), 4(4)(d)