2.—(1) In this Order–
“Community control measure” means a provision of the Council Regulation or of Regulation 1382/87 specified in Column 1 of the Schedule;
“fishery product” includes fish;
“fishing boat” includes a receiving vessel and a third vessel, within the meaning of the Council Regulation;
“Regulation 2807/83” means Commission Regulation (EEC) No. 2807/83 laying down detailed rules for recording information on Member States' catches of fish(1) as amended by Commission Regulation (EEC) No. 473/89(2), Commission Regulation (EC) No. 2945/95(3), Commission Regulation (EC) No. 395/98(4), Commission Regulation No. 1488/98(5) and Commission Regulation (EC) No. 2737/99(6);
“Regulation 1382/87” means Commission Regulation (EEC) No. 1382/87 establishing detailed rules concerning the inspection of fishing vessels(7);
“Regulation 1449/98” means Commission Regulation (EC) No. 1449/98 laying down detailed rules for the application of Council Regulation (EEC) No. 2847/93 as regards effort reports(8);
“relevant offence” means an offence under–
article 3 or
any provision extending to any other part of the United Kingdom made for the purposes of implementing a Community control measure, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995(9) and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;
“Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998(10);
“the Council Regulation” means Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy(11) as amended by Council Regulation (EC) No. 2870/95(12), Council Decision (EC) No. 95/528(13), Council Regulation (EC) No. 2489/96(14), Council Regulation (EC) No. 686/97(15), Council Regulation (EC) No. 2205/97(16), Council Regulation (EC) No. 2635/97(17) and Council Regulation (EC) No. 2846/98(18);
(2) In this Order any reference to a logbook, declaration or document includes, in addition to a logbook, declaration or document in writing–
(a)any map, plan, graph or drawing,
(b)any photograph,
(c)any data, however reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of the Council Regulation;
(d)any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom, and
(e)any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
(3) Any reference in this Order–
(a)to a numbered article is a reference to the article so numbered in this Order;
(b)to the Schedule is a reference to the Schedule to this Order; and
(c)to a numbered Article of the Council Regulation is a reference to the Article so numbered in the Council Regulation as read with any detailed rules for the implementation of that Article specified in the appropriate entry in column 2 of the Schedule.
(4) Column 3 of the Schedule (which provides in relation to each Community control measure an indication of the subject matter of the measure) shall not be read as limiting the scope of any Community control measure and shall be disregarded in relation to any question arising as to the construction of this Order.
O.J. No. L276, 10.10.83, p.1.
O.J. No. L53, 25.2.89, p.34
O.J. No. L308, 21.12.95, p.18
O.J. No. L50, 20.2.98, p.17.
O.J. No. L196, 14.7.98, p.3.
O.J. No. L238, 22.12.99, p.54.
O.J. No. L132, 21.5.87, p.11.
O.J. No. L192, 8.7.98, p.4.
1998 c. 46. The sea within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976 (c. 86)) which is adjacent to Scotland as determined by the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).
O.J. No. L261, 20.10.93, p.1.
O.J. No. L301, 14.12.95, p.1.
O.J. No. L301, 14.12.95, p.35.
O.J. No. L338, 28.12.96, p.12.
O.J. No. L102, 19.4.97, p.1.
O.J. No. L304, 7.11.97, p.1.
O.J. No. L356, 31.12.97, p.14.
O.J. No. L358, 31.12.98, p.5.