The Sea Fishing (Enforcement of Community Control Measures) Order 2000

Interpretation

2.—(1) In this Order—

“Community control measure” means a provision of Regulation 2847/93 or of Regulation 1382/87 specified in Column 1 of the Schedule;

“fishing boat” includes a receiving vessel and a third country vessel, within the meaning of Regulation 2847/93;

“fishery products” includes fish;

“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) 395/98(4), Commission Regulation 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 2847/93” means Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy(8) as amended by Council Regulation (EC) No. 2870/95(9), Council Decision (EC) 95/528(10), Council Regulation (EC) 2489/96(11), Council Regulation (EC) 686/97(12), Council Regulation (EC) 2205/97(13), Council Regulation (EC) 2635/97(14) and Council Regulation (EC) 2846/98(15);

“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(16);

“relevant British fishing boat” means a fishing boat, other than a Scottish fishing boat, which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995(17) or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;

“relevant offence” means an offence under:

(a)

Article 3 of this Order, or

(b)

any provision in an order 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 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 the Scotland Act 1998(18);

“transport document” means a document drawn up in accordance with Article 13 of Regulation 2847/93;

“transporter” means the owner or the hirer of, or the person responsible for, any vehicle used to transport fisheries products.

(2) In this Order—

(a) the term “within relevant British Fishery Limits” does not include—

(i) the Scottish zone;

(ii) the territorial sea adjacent to Wales;

(iii) the territorial sea adjacent to the Isle of Man;

(iv) the territorial sea adjacent to Jersey; and

(v) seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976(19);

(b) any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales;

(c) any reference to a logbook, declaration or document includes, in addition to a logbook, declaration or document in writing—

(i) any map, plan, graph or drawing,

(ii) any photograph,

(iii) any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93,

(iv) 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

(v) 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 the Schedule is a reference to the Schedule to this Order; and

(b) to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made;

(c) to a numbered Article of Regulation 2847/93 is a reference to the Article so numbered in that 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.

(1)

OJ No. L276, 10.10.83, p.1.

(2)

OJ No. L53, 25.2.89, p.34.

(3)

OJ No. L308, 21.12.95, p.18.

(4)

OJ No. L50, 20.2.98, p.17.

(5)

OJ No. L196, 14.7.98, p.3.

(6)

OJ No. L328, 22.12.99, p.54.

(7)

OJ No. L132, 21.5.87, p.11.

(8)

OJ No. L261, 20.10.93, p.1.

(9)

OJ No. L301, 14.12.95, p.1.

(10)

OJ No. L301, 14.12.95, p.35.

(11)

OJ No. L338, 28.12.96, p.12.

(12)

OJ No. L102, 19.4.97, p.1.

(13)

OJ No. L304, 7.11.97, p.1.

(14)

OJ No. L356, 31.12.97, p.14.

(15)

OJ No. L358, 31.12.98, p.5.

(16)

OJ No. L192, 8.7.98, p.4.

(17)

1995, c. 21.

(18)

1998, c. 46; see section 126 and the Scottish Adjacent Waters Boundaries Order 1999 (S.I. 1999/1126).

(19)

1976, c. 86; as modified by paragraph 3(c)(1) of the Schedule to the Fishery Limits Act 1976 (Guernsey) Order 1989 (S.I. 1989/2407).