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(a) the fish are or were graded for freshness or size in accordance with relevant national or Community rules;

(b) the first sale transactions are or were grouped together, in particular at an auction or wholesale market.

Collection and remittance of charges relating to general landings
     4.  - (1) Within 7 days of the end of each account period in which a vendor enters into a chargeable transaction, he shall make a written return in respect of that transaction to the relevant food authority to which the general landings charge is payable.

    (2) The return shall give information which relates to the chargeable transaction entered into during that account period or, if there has been more than one such transaction, information in respect of the aggregate of the transactions.

    (3) A return made under this paragraph shall include the following information - 

(a) the account period to which the return relates;

(b) the places of landing and first sale of the fishery products to which it relates;

(c) for landings of fishery products other than specified pelagic fish - 


(i) the name of each vessel and the number of consignments landed from it;

(ii) the aggregate weight of consignments landed by each vessel which do not exceed 50 tonnes and the first 50 tonnes of heavier consignments;

(iii) the aggregate weight of consignments less the weight calculated under (ii);



(d) for landings of specified pelagic fish - 



(i) the name of each vessel and the number of consignments landed from it;

(ii) the aggregate weight of consignments landed by each vessel which do not exceed 50 tonnes and the first 50 tonnes of heavier consignments;



(e) the amount of any reducible element which has been taken into account in calculating the amount of the charge in respect of - 



(i) consignments of fish other than specified pelagic fish; and

(ii) consignments of specified pelagic fish;



specifying whether it has been taken into account under paragraph 3(a) or (b); and

(f) the amount of the relevant charge.

    (4) During the period of 1 year beginning on the day on which a vendor makes a return under this paragraph - 

(a) the food authority to whom it was made may require the vendor to provide separate information of the kind required by sub-paragraph (3) in respect of each transaction included in it; and

(b) the vendor shall retain information which is sufficient to enable him to supply any such information which is requested.

Additional charges relating to factory ships

Charges for fishery products landed from factor ships
     5.  - (1) A charge is payable under this paragraph by the master or owner of a factory ship as a contribution in respect of allaying expenditure incurred in carrying out checks mentioned in Sections I and II of Chapter V of Schedule 3.

    (2) The charge payable under sub-paragraph (1) - 

(a) shall be payable in addition to the charge payable under paragraph 2; but

(b) shall not apply to third country imports or third country direct landings to which Part III applies.

    (3) The charge shall be payable to the relevant food authority.

Payment of the charge for fishery products landed from factory ships
     6. The charge payable under paragraph 5 shall be euro 1 per tonne of fishery products which are landed.

The reducible element of the charge in respect of products landed from factory ships
     7. The food authority to which a charge is payable under paragraph 5 shall reduce the charge payable under paragraph 6 by 55% where - 

(a) first sale and preparation or processing is carried out on the same factory ship; or

(b) operating conditions on a factory ship, and guarantees as to the ship's own checks, are such that inspection staff requirements can be reduced.

Collection and remittance of the factory ship charge
     8.  - (1) Within 7 days of the end of each account period in which fishery products in respect of which a charge is payable under paragraph 5 have been landed from a factory ship, the master or owner of the ship who is responsible for paying that charge shall make a written return in respect of it to the relevant food authority.

    (2) The return shall give information which relates to a landing of fishery products from a factory ship during that account period or, if there has been more than one such landing, information in respect of the aggregate of them.

    (3) A return made under this paragraph shall include the following information - 

(a) the account period to which the return relates;

(b) the name of each factory ship from which fishery products are landed and each place of landing;

(c) the number of landings during that account period;

(d) the weight of the fishery products landed;

(e) the amount of any reducible element which has been taken into account, specifying whether it has been taken into account under paragraph 7(a) or (b); and

(f) the amount of the charge.

    (4) During the period of 1 year beginning on the day on which a master or owner makes a return under this paragraph - 

(a) the food authority to whom the return was made may require him to provide separate information of the kind required by sub-paragraph (3) in respect of each landing included in it; and

(b) he shall retain information which is sufficient to enable him to supply any such information which is requested.

Charges in respect of inspections of factory ships abroad
     9.  - (1) A charge is payable by the master or owner of a factory ship approved under regulation 24 (approval of factory vessels) in respect of the expenditure incurred in carrying out inspections abroad for the purposes of the checks mentioned in Sections I and II of Chapter V of Schedule 3.

    (2) The charge is the actual cost of the inspection.

    (3) The charge shall be payable to the relevant food authority.

(a) on the same site as the first sale; or

(b) in an establishment in which operating conditions and guarantees as to the establishment's own checks are such that inspection staff requirements can be reduced.

Collection and remittance of charges relating to preparation or processing establishments
     13.  - (1) Within 7 days of the end of each account period in which fishery products have entered a preparation or processing establishment, the proprietor or operator who is responsible for paying the charge under paragraph 10 relating to that establishment shall make a written return in respect of it to the relevant food authority.

    (2) The return shall give information which relates to the fishery products which have entered that establishment during that account period.

    (3) A return made under this paragraph shall include the following information - 

(a) the account period to which the return relates;

(b) the weight of the fishery products entering the establishment;

(c) the amount of any reducible element which has been taken into account, specifying whether it has been taken into account under paragraph 12(a) or (b), and

(d) the amount of the charge.

    (4) During the period of 1 year beginning on the day on which a proprietor or operator makes a return under this paragraph - 

(a) the food authority to whom the return was made may require him to provide separate information of the kind required by sub-paragraph (3) in respect of each batch of fishery products included in it; and

(b) he shall retain information which is sufficient to enable him to supply any such information which is requested.

Charges in respect of other establishments
     14.  - (1) A charge is payable by the proprietor or operator of an establishment (other than an establishment in which fishery products are prepared or processed) in which fishery products are only chilled, frozen, packaged or stored.

    (2) The charge is in respect of the expenditure incurred in carrying out programmed inspections for the purposes of the checks mentioned in Sections I and II of Chapter V of Schedule 3.

    (3) The charge is the actual cost of the programmed inspection.

    (4) The charge shall be payable to the relevant food authority.