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The Sea Fishing (EU Control Measures) (Scotland) Order 2015
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- Scottish Statutory Instruments
- 2015 No. 320
- PART 5
- Article 29
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Amendment of the Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012S
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29.—(1) The Sharks, Skates and Rays (Prohibition of Fishing, Trans-shipment and Landing) (Scotland) Order 2012 M1 is amended as follows.
(2) In article 2 (interpretation)—
(a)before the definition of “EU fishing boat” 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;”; and
(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, other than a Scottish fishing boat and a relevant British fishing boat;”.
(3) In article 3 (application), for paragraph (2)(c) substitute—
“(c)any other fishing boat or vessel (other than an EU fishing boat or third country fishing boat), whose master, owner or charterer (if any) is a person established in the United Kingdom within the meaning of Article 19(1)(a) of the Common Fisheries Policy Regulation M3.”.
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M2OJ L 354, 28.12.2013, p.22, as amended by Council Regulation (EU) No 1385/2013 (OJ L 354, 28.12.2013, p.86).
M3Article 19 permits a Member State to take measures for the conservation and management of stocks in its own waters, subject to certain conditions. (For the purposes of interpreting Article 19(1)(a), “fishing vessel” is defined in Article 4.1(4) of regulation (EU) No 1380/2013.
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