Regulation 2 Interpretation

In these Regulations–

• F2“Directive 2004/41”, “Regulation 2406/96”, “Regulation 852/2004, “Regulation 853/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2017/185”, “Regulation 2017/625”, “Regulation 2019/624” and “Regulation 2019/627” have the meanings respectively given to them in the schedule;

• “establishment” has the meaning given by paragraph 1(c) of Article 2 of Regulation 852/2004;

• “first placing on the market” has the meaning that it bears in F3Regulation 2017/625;

• “first sale in a fish market” has the meaning that the phrase “first sale in fish market” bears in F4Regulation 2017/625;

• “fishery products” has the meaning given by point 3.1 of Annex I to Regulation 853/2004;

• “food authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M1;

• “imported” means introduced into Scotland other than from another part of the British Islands;

• “official controls” is to be construed in accordance with the definition of “official control” in F5Article 2(1) of Regulation 2017/625;

• “processing” has the meaning that it bears in F6Regulation 2017/625;

• “processing establishment” means an establishment at which processing occurs;

• “relevant fishery products” means fishery products which–

  1. (a)

     were caught in their natural environment;

  2. (b)

     are imported by a fishing vessel flying the flag of a third country;

  3. (c)

     have not been on land prior to being imported; and

  4. (d)

     are intended for placing on the market for human consumption,

  other than relevant landed fishery products and third country imports;

• “relevant food authority” means the food authority in whose area circumstances giving rise to an obligation under these Regulations to pay a charge to that authority arise;

• “relevant landed fishery products” means fishery products which–

  1. (a)

     are landed in Scotland;

  2. (b)

     have not been on land previously; and

  3. (c)

     are intended for placing on the market for human consumption,

  other than relevant fishery products and third country imports;

• “specified pelagic fish” means–

  1. (a)

     herring of the species Clupea harengus;

  2. (b)

     sardines of the species Sardinia pilchardus;

  3. (c)

     mackerel of the species Scomber scombrus or Scomber japonicus;

  4. (d)

     horse mackerel (Trachurus spp.);

  5. (e)

     anchovies (Engraulis spp.);

  6. (f)

     picarels of the species Maena smaris; and

  7. (g)

     sprat of the species Sprattus sprattus;

• F7“third country” (except in the expression “third country import”) means any country or territory other than the British Islands;

• F8“third country import” means an import in respect of which a charge is payable under F9Article 79 of Regulation 2017/625.

• “vendor” means–

  1. (a)

     where a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products is effected on behalf of the owner or master of a vessel by another person, that other person; and

  2. (b)

     where there is a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products in any other circumstances, the owner or master of the vessel from which they are landed.