Citation, commencement and application

1.–(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.

Amendments to the Sea Fishing (Enforcement of Community Control Measures) Order 2000

2.–(1) The Sea Fishing (Enforcement of Community Control Measures) Order 2000(8) 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(9);";

(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–

"Register of those with a requisite annual turnover

2A.–(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–

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Sea Fishing (Enforcement of Community Control Measures) Order 2000 (S.I. 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.