TITLE IV CONTROL OF MARKETING

CHAPTER II Weighing of fisheries products

Section 1 General rules on weighing

Article 69 Scope
Without prejudice to Articles 78 - 89 of this Regulation the provisions contained in this chapter shall apply to landings from United Kingdom fishing vessels taking place in the United Kingdom and transhipments involving United Kingdom fishing vessels taking place in ports or places close to the shore of the United Kingdom as well as to the weighing of fisheries products on board United Kingdom fishing vessels in United Kingdom waters.
Substituted by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015 amending 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.
Words in Art. 69 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(55)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 69 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(55)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 70 Weighing records
1. Registered buyers, registered auctions or other bodies or persons that are responsible for the first marketing or storage before first marketing of fisheries products, or where appropriate the master of the United Kingdom fishing vessel, shall record weighing carried out in accordance Articles 60 and 61 of the Control Regulation by indicating the following information:
(a) the FAO alpha-3 codes of the species weighed;
(b) result of weighing for each quantity of each species in kilograms product weight;
(c) the external identification number and the name of the fishing vessel from which the weighed quantity originates;
(d) presentation of the fisheries products weighed;
(e) date of weighing (YYYY-MM-DD).
Words in Art. 70 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(56); 2020 c. 1, Sch. 5 para. 1(1)
2. Registered buyers, registered auctions or other bodies or persons that are responsible for the first marketing, or storage before first marketing of fisheries products or where appropriate the master of a United Kingdom fishing vessel, shall keep the records referred to in paragraph 1 for a period of 3 years.

Article 71 Timing of weighing
1. Where fisheries products are transhipped between United Kingdom fishing vessels and the first landing of the transhipped fisheries products is to take place in a port outside of the United Kingdom, the fisheries products shall be weighed before being transported away from the port or place of transhipment.
Words in Art. 71(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(57)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 71(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(57)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
2. When the fisheries products are weighed on board a United Kingdom fishing vessel in accordance with Article 60(3) of the Control Regulation and they are weighed again on land after landing the figure resulting from the weighing on land shall be used for the purpose of Article 60(5) of the Control Regulation.
Words in Art. 71(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(57)(b); 2020 c. 1, Sch. 5 para. 1(1)
3. Without prejudice to special provisions for United Kingdom fishing vessels not subject to the electronic completion and transmission of fishing logbook data as referred to in Article 15 of the Control Regulation a fisheries administration may require the master to hand over a copy of the log sheet to the competent authorities of the country of landing prior to weighing.
Words in Art. 71(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(57)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 71(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(57)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 71(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(57)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Article 72 Weighing systems
1. All weighing systems shall be calibrated and sealed ... by the competent authorities of a fisheries administration.
Words in Art. 72(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(58)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 72 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(58)(b); 2020 c. 1, Sch. 5 para. 1(1)
2. The natural or legal person responsible for the weighing system shall maintain a record of calibration.
3. Where the weighing is carried out on a conveyor belt system a visible counter shall be fitted that records the cumulative total of the weight. The reading of the counter at the start of the weighing operation as well as the cumulative total shall be recorded. All use of the system shall be recorded by the natural or legal person responsible for the weighing in the weighing logbook.

Article 73 Weighing of frozen fisheries products
1. Without prejudice to special provisions and in particular Articles 70 and 74 of this Regulation when landed quantities of frozen fisheries products are weighed, the weight of frozen fisheries products landed in boxes or blocks may be determined per species and, where appropriate, presentation by multiplying the total number of boxes or blocks by a net average weight for a box or block calculated according to the methodology set down in Annex XVIII.
2. The natural or legal persons weighing the fisheries products shall keep a record per landing, indicating:
(a) the name and external registration letters and numbers of the vessel from which the fishery products have been landed;
(b) the species and, where appropriate, presentation of fish landed;
(c) the size of the lot and sample of pallets per species and, where appropriate, presentation in accordance with the provisions of point 1 of Annex XVIII;
(d) the weight of each pallet in the sample and the average weight of the pallets;
(e) the number of boxes or blocks on each pallet in the sample;
(f) the tare weight per box, if different from the tare weight specified in point 4 of Annex XVIII;
(g) the average weight of an empty pallet in accordance with the provisions of point 3(b) of Annex XVIII;
(h) the average weight per box or block of fisheries per species and, where appropriate, presentation.

Article 74 Ice and water
1. Before weighing the registered buyer, registered auction or other bodies or persons responsible for the first marketing of fisheries products shall ensure that the fisheries products be cleaned of ice as is reasonable without causing spoilage and reducing quality.
2. Without prejudice to special rules for pelagic species referred to in Articles 78-89 of this Regulation which are landed in bulk for transfer to the point of first marketing, storage or processing, the deduction of water and ice from the total weight shall not exceed 2 %. In all cases the percentage for deduction of water and ice shall be recorded on the weighing slip with the entry for weight. There shall be no deduction of water or ice for landings for industrial purposes or for non-pelagic species.

Article 75 Access by competent authorities
The competent authorities shall have full access at all times to the weighing systems, the weighing records, written declarations and all premises where the fisheries products are stored or processed.

Article 76 Sampling plans
1. The sampling plan referred to in Article 60(1) of the Control Regulation and any substantial modification thereof shall be adopted by a fisheries administration in accordance with the risk-based methodology described in Annex XIX.
Words in Art. 76(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(59)(a); 2020 c. 1, Sch. 5 para. 1(1)
2. The sampling plan referred to in Article 60(3) of the Control Regulation and any substantial modification thereof shall be adopted by a fisheries administration in accordance with the risk-based methodology described in Annex XX. If catches are weighed on board, the margin of tolerance as referred to in Articles 14(3) and 21(3) of the Control Regulation shall not apply when the figure resulting from weighing after landing is greater than the corresponding figure resulting from weighing on board.
Words in Art. 76(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(59)(a); 2020 c. 1, Sch. 5 para. 1(1)
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 76(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(59)(b); 2020 c. 1, Sch. 5 para. 1(1)
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 76(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(59)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 77 Control plans and programmes for the weighing of fisheries products after transport from the place of landing
1. The control plan referred to in Article 61(1) of the Control Regulation and any substantial modification thereof shall be adopted by a fisheries administration in accordance with the risk-based methodology described in Annex XXI.
Words in Art. 77(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(60)(a); 2020 c. 1, Sch. 5 para. 1(1)
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 77(2)-(5) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(60)(b); 2020 c. 1, Sch. 5 para. 1(1)
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2 Special rules for weighing of certain pelagic species

Article 78 Scope of weighing procedures for catches of herring, mackerel, horse mackerel and blue whiting
The rules set out in this Section shall apply to the weighing of catches landed in the United Kingdom or by United Kingdom fishing vessels in third countries, of herring ( Clupea harengus ), mackerel ( Scomber scombrus ), horse mackerel ( Trachurus spp.) and blue whiting ( Micromesistius poutassou ) or a combination thereof, taken in:
(a) for herring in ICES zones I, II, IIIa, IV, Vb, VI and VII;
(b) for mackerel in ICES zones IIa, IIIa, IV, Vb, VI, VII, VIII, IX, XII, XIV and United Kingdom waters of CECAF;
(c) for horse mackerel in ICES zones IIa, IV, Vb, VI, VII, VIII, IX, X, XII, XIV and United Kingdom waters of CECAF;
(d) for blue whiting in ICES zones IIa, IIIa, IV, Vb, VI, VII, VIII, IX, X, XII, XIV and United Kingdom waters of CECAF;
when the quantities per landing exceed 10 tonnes.
Words in Art. 78 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(61); 2020 c. 1, Sch. 5 para. 1(1)

Article 79 Ports of weighing catches of herring, mackerel, horse mackerel and blue whiting
1. Catches of species referred to in Article 78 of this Regulation shall be weighed immediately on landing. However, catches of these species may be weighed after transport where:
for a destination within the United Kingdom a fisheries administration has adopted a control plan as referred to in Article 61(1) of the Control Regulation in accordance with the risk-based methodology described in Annex XXI,
...
...
Words in Art. 79(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(62)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 79(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(62)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 79(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(62)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 79(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(62)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
2. A fisheries administration must establish at which of its ports the weighing of species referred to in Article 78 of this Regulation shall be carried out and shall ensure that all landings of such species are carried out in those ports. Such ports shall have:
(a) established landing and transhipment times;
(b) established landing and transhipment places;
(c) established inspection and surveillance procedures.
Words in Art. 79(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(62)(b); 2020 c. 1, Sch. 5 para. 1(1)
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 79(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(62)(c); 2020 c. 1, Sch. 5 para. 1(1)
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 79(4) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(62)(c); 2020 c. 1, Sch. 5 para. 1(1)
5. A fisheries administration must ensure that all landings of species referred to in Article 78 of this Regulation by United Kingdom fishing vessels outside the United Kingdom are carried out in ports expressly chosen for the purpose of weighing by third countries which have concluded agreements with the United Kingdom concerning such species.
Words in Art. 79(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(62)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 79(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(62)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 79(5) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(62)(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 79(6) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(62)(e); 2020 c. 1, Sch. 5 para. 1(1)
7. A fisheries administration must publish the list of ports and changes thereto on their official websites.
Words in Art. 79(7) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(62)(f); 2020 c. 1, Sch. 5 para. 1(1)

Article 80 Entry into a port ...
1. For the purpose of weighing, the master of a fishing vessel or his representative shall inform the competent authorities of a fisheries administration at least 4 hours in advance of entry to a United Kingdom port of landing ... of the following:
(a) the port he intends to enter, the name of the vessel and its external registration letters and numbers;
(b) the estimated time of arrival at that port;
(c) the quantities in kilograms live weight of herring, mackerel, horse mackerel and blue whiting retained on board;
(d) relevance geographical area(s) where the catch was taken; the zone shall refer to the sub-area and division or sub-division in which catch limits apply pursuant to Fisheries Rules.
Words in Art. 80(1)(d) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(63)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(63)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(1) inserted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(63)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 80(1) omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(63)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
2. The master of a United Kingdom fishing vessel which is under the obligation to record fishing logbook data electronically shall send the information referred to in paragraph 1 electronically to a fisheries administration. A fisheries administration must transmit this information without delay to the country where the landing is to be made. The electronic fishing logbook data referred to in Article 15 of the Control Regulation and the information referred to in paragraph 1 may be sent in a single electronic transmission.
Words in Art. 80(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(63)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(63)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(63)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(63)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)
3. A fisheries administration may provide for a shorter notification period than laid down in paragraph 1. In such a case, the fisheries administration must put this information on its official website.
Art. 80(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(63)(d); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 80 heading omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(63)(a); 2020 c. 1, Sch. 5 para. 1(1)

Article 81 Discharge
The competent authorities of a fisheries administration must require that the discharge of any catches referred to in Article 78 of this Regulation does not commence until it is expressly authorised. If the discharge is interrupted, permission shall be required before the discharge can recommence.
Words in Art. 81 substituted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(64); 2020 c. 1, Sch. 5 para. 1(1)

Article 82 Fishing logbook
1. Immediately upon arrival in a United Kingdom port and before the discharge commences, the master of a fishing vessel which is not under the obligation to record fishing logbook data electronically shall present the completed relevant page or pages of the fishing logbook for inspection by the competent authority of a fisheries administration at the port of landing.
Words in Art. 82 inserted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(65)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 82 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(65)(b); 2020 c. 1, Sch. 5 para. 1(1)
2. The quantities of herring, mackerel, horse mackerel and blue whiting retained on board, notified prior to landing as referred to in Article 80(1)(c) of this Regulation, shall be equal to the quantities recorded in the fishing logbook after its completion.

Article 83 Publicly operated weighing facilities for fresh herring, mackerel, horse mackerel and blue whiting
Without prejudice to the provisions of Article 72 of this Regulation, where publicly operated weighing facilities are used, the natural or legal persons weighing catches referred to in Article 78 of this Regulation shall issue to the buyer a weighing slip indicating the date and time of the weighing and the identity number of the tanker. A copy of the weighing slip shall be attached to the sales note or takeover declaration.

Article 84 Privately operated weighing facilities for fresh fish
1. In addition to the provisions of Article 72 of this Regulation, the use of privately operated weighing facilities shall also be subject to the requirements of this Article.
2. The natural or legal persons weighing any catches referred to in Article 78 of this Regulation shall for each weighing system keep a bound, paginated record. This shall be completed immediately after the completion of weighing of an individual landing, and at the latest by 23.59 local time of the day of completion of weighing. This record shall indicate:
(a) the name and external registration letters and numbers of the vessel from which any catches referred to in Article 78 of this Regulation have been landed;
(b) the unique identity number of the tankers and its load in cases where any catches referred to in Article 78 of this Regulation have been transported from the port of landing before weighing in accordance with Article 79 of this Regulation. Each tanker load shall be weighed and recorded separately. However the total weight of all the tanker loads from the same vessel may be recorded as a whole in case these tanker loads are weighed consecutively and without interruption;
(c) the species of fish;
(d) the weight of each landing;
(e) the date and time of the beginning and end of the weighing.
3. Without prejudice to Article 72(3) of this Regulation, where the weighing is carried out on a conveyor belt system all use of the system shall be recorded in the bound, paginated record of weighing.

Article 85 Weighing of frozen fish
When landed quantities of frozen herring, mackerel, horse mackerel and blue whiting are weighed, the weight of frozen fish landed in boxes shall be determined per species in accordance with Article 73 of this Regulation.

Article 86 Keeping of weighing records
All records of weighing provided for in Article 84(3) and Article 85 of this Regulation and the copies of any transport documents as part of a control plan or a common control programme referred to in Article 79(1) of this Regulation shall be kept for at least 3 years.

Article 87 Sales note and takeover declaration
The natural or legal persons responsible for the submission of sales notes and takeover declarations shall submit such declarations in respect of species referred to in Article 78 of this Regulation to the competent authorities of the country concerned on demand.
Word in Art. 87 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(66); 2020 c. 1, Sch. 5 para. 1(1)

Article 88 Cross-checks
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 88 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(67); 2020 c. 1, Sch. 5 para. 1(1)

Article 89 Monitoring of weighing
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 89 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 5(67); 2020 c. 1, Sch. 5 para. 1(1)