Statutory Instrument 1996 No. 2

The Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 1996

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© Crown Copyright 1996

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1996 No. 2

SEA FISHERIES

The Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 1996

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland, in exercise of the powers conferred on them by section 30(2) and (3) of the Fisheries Act 1981^[1], and of all other powers enabling them in that behalf, hereby make the following Order:

Title, commencement and interpretation
    1.—(1)  This Order may be cited as the Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 1996 and shall come into force on 5th January 1996.

    (2)  In this Order "the principal Order" means the Sea Fishing (Enforcement of Community Control Measures) Order 1994^[2].

Amendment of the principal Order
    2.    The principal Order shall be amended in accordance with articles 3 to 11 of this Order and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified of the principal Order.

    3.    In article 2(1)—
 (a) for the definition of "Regulation 2807/83" there shall be substituted the following definition—
""Regulation 2807/83" means Commission Regulation (EEC) No. 2807/83 laying down detailed rules for recording information on member States' catches of fish^[3] as amended by Commission Regulation (EEC) No. 473/89^[4] and Commission Regulation (EC) No. 2945/95^[5]" ;

 (b) for the definition of "Regulation 2241/87" there shall be substituted the following definition—
""Regulation 2241/87" means Council Regulation (EEC) No. 2241/87 establishing certain control measures for fishing activities^[6] as amended by Council Regulation (EEC) No. 3483/88^[7]" ;

 (c) for the definition of "Regulation 2847/93" there shall be substituted the following definition—
""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]" .

    4.    In article 3—
 (a) in paragraph (1)—
 (i) the words "as read with any qualifying words relating thereto in the Schedule" shall be omitted;
 (ii) in paragraphs (i), (ii) and (iii), for the words "or the charterer" (wherever they occur) there shall be substituted the words "and the charterer";
 (iii) in paragraph (ii), for the words "article 3.1, 3.2 or 3.3 of Regulation 1382/87" there shall be substituted the words "article 3.1 of, article 3.2 of and Annex II to, or article 3.3 of, Regulation 1382/87";
 (iv) in paragraph (iii)—
 (aa) for the words "article 6, 7, 10.1, 11, 12, 17.2, 20.1 or 21.3" there shall be substituted the words "article 6, 7, 10.1 11, 12, 17.2, 19a.2, 19e.1, 19e.2, 19e.3, 20.1, 20.2, 20a, 21.3 or 21c.2";
 (bb) for the words "article 8.1" there shall be substituted the words "article 8.1 or articles 19b and 19c";
 (b) in paragraph (2)—
 (i) for the words "set out" there shall be substituted the word "specified";
 (ii) in sub-paragraph (a), for the words "or the charterer" there shall be substituted the words"and the charterer";
 (iii) in sub-paragraphs (b) and (c), for the words "in the case of the provision of" (wherever they occur) there shall be substituted the words "in relation to the requirement to provide";
 (c) in paragraph (3), for the words "articles 6 to 13, 17.2 or 21" there shall be substituted the words "articles 6, 7, 8.1, 9, 10.1, 11, 12, 13 or 17.2, articles 19b and 19c or article 19e or 20.2";
 (d) at the end of the article there shall be inserted the following paragraph—
"  (4)  Where there is in respect of any fishing boat a contravention of, or failure to comply with, articles 19b and 19c of Regulation 2847/93 in so far as it concerns entry into British fishery limits, the master and his representative, the owner and the charterer (if any) shall each be guilty of an offence." .

    5.    In article 4—
 (a) in paragraph (1), for the words "article 3(1) or (2)" there shall be substituted the words"article 3(1), (2) or (4)";
 (b) in paragraph (2)—
 (i) for the words "article 3(1) or (2)" there shall be substituted the words "article 3(1), (2) or (4)";
 (ii) in sub-paragraph (a), for the words "articles 20.1 or 21" there shall be substituted the words"article 19a.2, 20.1, 20a, 21.3 or 21c.2";
 (iii) in sub-paragraph (b), for the words "article 6, 8.1 or 9 to 13 or 17.2" there shall be substituted the words "article 6, 8.1, 9, 10.1, 11, 12, 13 or 17.2, articles 19b and 19c or article 19e or 20.2".

    6.    In article 5—
 (a) in paragraphs (1) and (2), for the words "on the master and the owner or the charterer (if any), any other person responsible for the vessel and any other person, who is convicted" (in each place that they occur) there shall be substituted the words "on the master, owner, charterer, person responsible for the vessel or any other person who is convicted";
 (b) in paragraphs (1)(b) and (2)(b), for the words "if the boat is a foreign fishing boat, order it" (in each place that they occur) there shall be substituted the words "order the boat".

    7.    In article 6(4), the words "within British fishery limits" shall be omitted.

    8.    In article 8—
 (a) in paragraph (a)—
 (i) after the word "fish" there shall be inserted the words "(including any receptacle which contains the fish)";
 (ii) for the words "article 6, 8.1, 9 to 13, 17.2 or 21" there shall be substituted the words "article 6, 8.1, 9, 10.1, 11, 12, 13, 17.2 or 19a.2, articles 19b and 19c or article 19e, 20.2, 21.3 or 21c.2";
 (b) in paragraph (b), for the words "article 20.1" there shall be substituted the words "article 20.1 or 20a";
 (c) in paragraph (c)—
 (i) in sub-paragraph (i), for the words "article 20.1" there shall be substituted the words"article 20.1 or 20a";
 (ii) in sub-paragraph (ii), for the words "article 21" there shall be substituted the words "article 19a.2, 21.3 or 21c.2".

    9.    In article 10(c) the word "intentionally" shall be omitted.

    10.    In article 12, before the words "and any document drawn up under article 9" there shall be inserted the words ", any effort report completed under articles 19b and 19c of Regulation 2847/93".

    11.    In the Schedule—
 (a) items 5(k) and (l) shall be omitted;
 (b) after item 5(j) there shall be inserted, in the appropriate columns, the Community provisions, subject matters and maximum fines on summary conviction which are specified in the Schedule to this Order.

Tim Boswell

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

3rd January 1996

James Douglas-Hamilton

Minister of State, Scottish Office

28th December 1995
Signed by authority of the Secretary of State for Wales

Rod Richards

Parliamentary Under Secretary of State, Welsh Office

2nd January 1996

Patrick Mayhew

Secretary of State for Northern Ireland

3rd January 1996

[1] 1981 c. 29. back

[2] S.I. 1994/451. back

[3] OJ No. L276, 10.10.83, p.1. back

[4] OJ No. L53, 25.2.89, p.34. back

[5] OJ No. L308, 21. 12.95, p.18. back

[6] OJ No. L207, 29.7.87, p.1. back

[7] OJ No. L306, 11.11.88, p.2. back

[8] OJ No. L261, 20.10.93, p.1. back

[9] OJ No. L301, 14.12.95, p.1. back

Explanatory Note