(1) This Order may be cited as the Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 2009 and comes into force on 10th August 2009.
(2) This Order applies in England.
Specified date: 10 August 2009: see para (1) above.
(1) The Sea Fishing (Enforcement of Community Control Measures) Order 2000 is amended as follows.
(2) In article 2—
(a) before the definition of “Community control measure” insert—
““buyer of the fish” means a buyer of fish obliged to submit sales notes pursuant to Article 9.2 of Regulation 2847/93;”;
(b) after the definition of “Community control measure” insert—
““first seller of the fish” means an auction centre or other authorised person obliged to submit sales notes pursuant to Article 9.1 of Regulation 2847/93, and a person is authorised for the purposes of that Article insofar as it sells fish being marketed for the first time by any form of competitive bidding at a designated auction site either on its own behalf or as the seller's agent;”;
(c) for the definition of “Regulation 2847/93” substitute—
““Regulation 2847/93” means Council Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy;”;
(d) after the definition of “Regulation 423/04” insert—
““Regulation 1966/2006” means Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing, as amended from time to time;
“Regulation 1077/2008” means Commission Regulation (EC) No 1077/2008 laying down detailed rules for the implementation of Regulation 1966/2006 and repealing Regulation (EC) No 1566/2007, as amended from time to time;”;
(e) after the definition of “relevant offence” insert—
““requisite financial turnover” means an annual financial turnover in first sales of fisheries products for a person which is in excess of €400,000 and calculated for a calendar year using the annual financial turnover for that person from the calendar year two years previously and based on European Central Bank Euro foreign exchange reference rates applicable on 1st January for the calendar year from which the annual financial turnover information is taken”; and
(f) after paragraph (4) insert—
“(5) References in this Order to sales notes or take-over declarations being submitted electronically mean sales notes or take-over declarations submitted using an electronic system of a type specified by the Secretary of State.”.
(3) After article 2 insert—
“2A Register of those with a requisite annual turnover(1) The Secretary of State is the competent authority for the purposes of maintaining a register of first sellers, or buyers, of the fish who have a requisite financial turnover pursuant to Article 2(1) of Regulation 1077/2008.
(2) A first seller, or buyer, of the fish must, on a form provided by the Secretary of State, inform the Secretary of State whether it has a requisite financial turnover before 1st October in each calendar year.
(3) The Secretary of State must make the register available for public inspection on an official website.”.
(4) After article 3(3) insert—
“(4) A person who fails to comply with article 2A(2) is guilty of an offence.”.
(5) After article 4(3) insert—
“(4) A person found guilty of an offence under article 3(4) is liable—
(a) on summary conviction, to a fine not exceeding £50,000;
(b) on indictment, to a fine.”.
(6) Paragraphs 2(e) and (f) of the table in the Schedule are replaced by—
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | ||
| Community Provision | Detailed Rules | Subject Matter | Maximum fine on summary conviction | Persons liable | ||
| (e) Article 9.1 as read with Article 9.5 | Articles 1.3 and 3.4 of Regulation 1966/2006 and Articles 1.1c and 5.1 of Regulation 1077/2008. | Requirement where first marketing of fishery products is carried out by an auction centre or authorised person to submit a completed sales note within 48 hours of sale, which in the case of a first seller of the fish with a requisite annual turnover is to be submitted electronically. | £50,000 | The first seller of the fish. | ||
| (f) Article 9.2 as read with Article 9.3, 9.4, 9.4b, 9.5 and 13 | Articles 1.3 and 3(4) of Regulation 1966/2006 and Articles 1.1c, 5.1 and 5.4 of Regulation 1077/2008. | Requirement where first marketing of fishery products is carried out other than in accordance with Article 9.1 of Regulation 2847/93, to submit— | £50,000 | As regards the requirement to submit— | ||
| (a) a completed sales note (when products have been sold or are offered for sale at place of landing), which in the case of a buyer of the fish with a requisite financial turnover is to be submitted electronically; | (a) a completed sales note, the buyer of the fish; | |||||
| (b) a copy of a transport document (when the products are offered for sale at place of landing); or | (b) a transport document, the transporter of the fish; | |||||
| (c) a completed take-over declaration (when products are not offered for sale or are intended for sale at a later date) electronically, before the products are collected. | (c) a completed take-over declaration, the holder of the fish and the holder's agent (if any). | |||||
Specified date: 10 August 2009: see art 1(1).
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd July 2009
Paul Goggins
Minister of State
Northern Ireland Office
8th July 2009
This Order amends the Sea Fishing (Enforcement of Community Control Measures) Order 2000 (SI 2000/51) (“the 2000 Order”) in relation to England.
It provides for the enforcement of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing (OJ No L 409, 30.12.2006, p 1) and Commission Regulation (EC) No 1077/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 and repealing Regulation (EC) No 1566/2007 (OJ No L 295, 4.11.2008, p 3) in relation to the requirement to submit sales notes and take-over declarations electronically.
Article 2(3) establishes a public register, to be maintained by the Secretary of State, of those required to submit sales notes electronically because they have an annual financial turnover in excess of €400,000. A failure by a seller or a buyer of fish to inform the Secretary of State by 1st October in any calendar year whether it has such a financial turnover is an offence which is punishable on summary conviction by a maximum fine of £50,000 or, on indictment, by a fine.
Article 2(6) amends paragraphs 2(e) and (f) of the Schedule to the 2000 Order to make it an offence for a first seller, or a buyer, of fish with an annual financial turnover in excess of €400,000 not to submit sales notes electronically. It also makes it an offence for the holder of the fish when products are not offered for sale or are intended for sale at a later date not to submit take-over declarations electronically. The maximum fine on summary conviction for breach of either offence is £50,000 or, on indictment, a fine.
An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been prepared and placed in the library of both Houses of Parliament. It is available on the Defra website at www.defra.gov.uk/corporate/consult/fisheries-control/index.htm.
