PART 5

AMENDMENTS, REVOCATIONS AND SAVINGS

Amendment of the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010
28
1
The Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010 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 ;
;
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 ;
; 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) , 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) , 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) (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) (relating to Regulation 2847/93).
S.S.I. 2010/334, amended by S.S.I. 2011/59.
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).
OJ L 112, 30.4.2011, p.1, as corrected by a corrigendum (OJ L 328, 10.12.2011, p.58).
Article 5(3) was amended by S.S.I. 2011/59.
Entry 1(ha) was inserted by S.S.I. 2011/59.
Entries 2(a) and (b) were omitted by S.S.I. 2011/59, article 7(c).
Entry 3(d) was omitted by S.S.I. 2011/59, article 7(d).