Explanatory note

These Regulations amend Part I of the Fisheries Act 1981 (“the Act”), which makes provision for the establishment of the Sea Fish Industry Authority. The Regulations are made in implementation of the Community obligation (which arises under article 95 of the Treaty establishing the European Economic Community) not to impose on the products of other member States internal taxation in excess of that imposed on similar domestic products.

Section 2 of the Act (duties of the Authority) is amended so as to require that if any levy imposed under section 4 has effect in relation to sea fish or sea fish products from the sea fish industries of member States other than the United Kingdom, the Authority shall so exercise its powers under Part I of the Act as to secure that benefits are conferred on those industries of those States commensurate with any burden directly or indirectly borne by them in consequence of the levy. Amendments consequential to this amendment are made to subsection (3) of section 2 (Ministers' power to give directions) and to section 14 (definition of sea fish industry) (article 2(2)).

Section 3 is amended so that the Authority is not required to recover the cost of services provided for persons concerned with the sea fish industry of another member State (article 2(3)).