PART 1 PRELIMINARY

Citation and commencement

1. These Regulations may be cited as the Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2007 and shall come into operation on 1st January 2008.

Interpretation

2.–(1) In these Regulations –

"Directive 2004/41", "Regulation 2406/96", "Regulation 178/2002", "Regulation 1642/2003", "Regulation 852/2004", "Regulation 853/2004", "Regulation 854/2004", "Regulation 882/2004", "Regulation 1688/2005", "Regulation 2073/2005", "Regulation 2074/2005", "Regulation 2075/2005", "Regulation 2076/2005", "Regulation 776/2006" and "Regulation 1791/2006" have the meanings respectively given to them in the Schedule;

"EEA State" means a member State, Norway, Iceland or Liechtenstein;

"establishment" has the meaning given to it in paragraph 1(c) of Article 2 of Regulation 852/2004;

"first placing on the market" has the meaning that it bears in Regulation 882/2004;

"first sale in a fish market" shall be construed in accordance with the phrase "first sale in fish market" in Regulation 882/2004;

"fishery products" has the meaning given to it in point 3.1 of Annex I to Regulation 853/2004;

"imported" means introduced into Northern Ireland other than from the United Kingdom, Channel Islands or the Isle of Man;

"official controls" shall be construed in accordance with the definition of the term "official control" in paragraph 1 of Article 2 of Regulation 882/2004;

"processing" has the meaning that it bears in Chapter V of Section B of Annex IV to Regulation 882/2004;

"processing establishment" means an establishment at which processing occurs;

"relevant district council" means the district council in whose district there arises an obligation under these Regulations to pay a charge to that district council;

"relevant fishery products" means fishery products which –

other than relevant landed fishery products and third country imports;

"relevant landed fishery products" means fishery products which –

other than relevant fishery products and third country imports;

"specified pelagic fish" means –

"third country", except in the expression "third country import", means any country or territory, other than Greenland, which does not comprise the whole or part of an EEA State;

"third country import" means an import in respect of which a charge is payable under regulation 54 of the Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007(5); and

"vendor" means –

(2) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Assembly.

Actual costs

3. For the purposes of these Regulations, the actual costs of exercising official controls are the aggregate of the costs of the items listed in Annex VI to Regulation 882/2004 directly incurred in the exercise of the official controls required under Annex III to Regulation 854/2004.

Sterling equivalents of Euro

4.–(1) Any reference in these Regulations to a specified number of Euros shall be deemed to be a reference to the Sterling equivalent of that number calculated in accordance with paragraph (2).

(2) The Sterling equivalent of a specified number of Euros shall be calculated by multiplying that number by the Euro/Sterling conversion rate specified in paragraph (3).

(3) The Euro/Sterling conversion rate shall be –

(a) for 2008, 1 Euro = £0.67575; and

(b) in each subsequent year, the rate published in the C Series of the Official Journal of the European Union on the first working day of the September of the preceding year or, if no rate is published in it on that day, the first rate published in it thereafter.

Account period

5.–(1) For the purposes of these Regulations, the account period shall be one month or such longer period not exceeding twelve months as is determined by the relevant district council.

(2) The account period shall be determined with a view to reducing to a reasonable amount, in comparison with the charges which are expected to fall due, the costs of –

(a) making returns; and

(b) collecting charges.

Recovery of charges

6. Where a duty to pay a charge under these Regulations is imposed on more than one person, the district council to which the charge is payable may recover it –

(a) jointly from any two or more of them; or

(b) separately from any one of them.

Calculation, payment and repayment of charges

7.–(1) Where the relevant district council becomes aware that a charge is due to it under these Regulations it shall –

(a) calculate the amount of the charge having regard to the information in its possession; and

(b) give notice of the amount so calculated to any person from whom it may be collected.

(2) If the relevant district council is satisfied that a calculation made under paragraph (1) is incorrect, it shall recalculate the charge and –

(a) where the correct amount is more than the amount calculated under paragraph (1), it shall recover the higher amount in accordance with that paragraph;

(b) where the correct amount is less than the amount calculated under that paragraph and that amount has not been recovered, it shall recover the lesser amount in accordance with that paragraph; and

(c) where no charge is payable or the charge payable is less than the amount calculated under that paragraph, and that amount has been recovered, it shall repay the difference.

Appeals

8.–(1) A person may appeal against any decision of the relevant district council imposing a charge under these Regulations.

(2) The appeal shall be heard by a court of summary jurisdiction and Article 37(2), (2A) and (3) of the Food Safety (Northern Ireland) Order 1991(7) shall apply in relation to such an appeal as it applies in relation to an appeal under Article 37(1)(c) of that Order.

(3) Pending the outcome of the appeal the original amount of the charge shall remain payable, but if after the court´s decision the amount of the charge needs to be recalculated, the new amount of the charge shall have effect from the date on which the original charge was made and the sum equal to that new amount shall be payable to the relevant district council.

(4) If the court determines that a charge payable under these Regulations is less than the charge that has been paid, the relevant district council shall reimburse the overpayment to the successful appellant.

Sums remitted from one district council to another

9. In any case where the exercise of official controls is deferred and the district council responsible for the exercise of the official controls required under Annex III to Regulation 854/2004 ("district council A") is not the relevant district council to which a charge is required to be paid under these Regulations ("district council B"), district council B shall remit to district council A a sum equal to any amount received by district council B which is referable to official controls exercised by district council A.

PART 2 OFFICIAL CONTROLS CHARGES OTHER THAN CHARGES FOR THIRD COUNTRY IMPORTS

Payment of landings charge in respect of the first placing on the market of relevant fishery products or relevant landed fishery products and the first sale in a fish market of relevant fishery products or relevant landed fishery products

10.–(1) Each of the following is a chargeable transaction for the purposes of this regulation and regulation 11–

(a) the first placing on the market of relevant fishery products;

(b) the first placing on the market of relevant landed fishery products;

(c) the first sale in a fish market of relevant fishery products; and

(d) the first sale in a fish market of relevant landed fishery products.

(2) Subject to paragraph (8), where there is a chargeable transaction for the purposes of this regulation and regulation 11, the vendor shall pay the charge determined in accordance with paragraphs (3) to (7) ("the landings charge") to the relevant district council.

(3) Subject to paragraph (7), where the chargeable transaction is the first placing on the market of relevant fishery products or relevant landed fishery products; the landings charge shall be a contribution towards the expenditure incurred in exercising the official controls required under Annex III to Regulation 854/2004, calculated at the rate of 1 Euro per tonne for the first 50 tonnes and 0.5 Euro per tonne for each additional tonne of relevant fishery products or relevant landed fishery products first placed on the market in a calendar month.

(4) Where the chargeable transaction is the first sale in a fish market of relevant fishery products, the landings charge shall be a contribution towards the expenditure incurred in exercising the official controls required under Annex III to Regulation 854/2004, calculated at the rate of 1 Euro per tonne for the first 50 tonnes and 0.5 Euro per tonne for each additional tonne of relevant fishery products first sold in a fish market in a calendar month.

(5) Subject to paragraphs (6) and (7), where the chargeable transaction is the first sale in a fish market of relevant landed fishery products, the landings charge shall be a contribution towards the expenditure incurred in exercising the official controls required under Annex III to Regulation 854/2004, calculated at the rate of 0.5 Euro per tonne for the first 50 tonnes and 0.25 Euro per tonne for each additional tonne of relevant landed fishery products first sold in a fish market in a calendar month.

(6) Subject to paragraph (7), where –

(a) the chargeable transaction is the first sale in a fish market of relevant landed fishery products; and

(b) the relevant landed fishery products concerned are not, or are insufficiently, graded for freshness and/or size in accordance with Regulation 2406/96,

the landings charge shall be a contribution towards the expenditure incurred in exercising the official controls required under Annex III to Regulation 854/2004, calculated at the rate of 1 Euro per tonne for the first 50 tonnes and 0.5 Euro per tonne for each additional tonne of relevant landed fishery products first sold in a fish market in a calendar month.

(7) In respect of any consignment of relevant landed fishery products consisting of specified pelagic fish, the landings charge shall not exceed 50 Euros.

(8) Where the actual costs of exercising the official controls required under Annex III to Regulation 854/2004 are less than the landings charge, the vendor shall pay an amount equal to those costs to the relevant district council, instead of the landings charge.

Returns and records relating to relevant fishery products or relevant landed fishery products

11.–(1) Within 7 days of the end of each account period, the vendor shall make a written return to the relevant district council to which the landings charge is payable in respect of the aggregate of chargeable transactions that he has entered into during that period.

(2) The return referred to in paragraph (1) shall include the following information –

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

(b) the place and date of landing of the fishery products to which it relates;

(c) the place and date of the first placing on the market or as the case may be the first sale in a fish market of those products;

(d) for landings of relevant fishery products and for landings of relevant landed 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 consignments the weight of which exceeds that amount, and

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

(e) for landings of relevant landed fishery products which are specified pelagic fish –

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

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

(f) notification of any amount paid by virtue of paragraph (4) of regulation 10 which has been paid in respect of –

(i) consignments of fish consisting only of fish other than specified pelagic fish, or

(ii) consignments of specified pelagic fish only,

identifying the circumstances that led to the payment of that amount;

(g) in relation to consignments of relevant fishery products –

(i) the total weight of all relevant fishery products landed, and

(ii) the total amount of the charge payable under regulation 10 in respect of those products; and

(h) the amount of the landings charge.

(3) During the period of 1 year beginning on and including the day on which a vendor makes a return under this regulation –

(a) the relevant district council to which it was made may require the vendor to supply separate information of the kind required by paragraph (2) in respect of each transaction included in it; and

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

(4) Any vendor who without reasonable excuse –

(a) fails to comply with paragraph (1) or (3)(b); or

(b) fails to comply with a requirement made under paragraph (3)(a),

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Charge in respect of processing establishments

12.–(1) Subject to paragraph (3), the proprietor or operator of a processing establishment shall pay the charge determined in accordance with paragraph (2) ("the processing establishment charge") to the relevant district council.

(2) The processing establishment charge shall be a contribution towards the expenditure incurred by the relevant district council in exercising the official controls required under Annex III to Regulation 854/2004, calculated at the rate of 0.5 Euro per tonne of fishery products entering the establishment for the purpose of processing.

(3) Where the actual costs of exercising the official controls required under Annex III to Regulation 854/2004 are less than the processing establishment charge, the proprietor or operator shall pay an amount equal to those costs to the relevant district council, instead of the processing establishment charge.

Returns and records relating to processing establishments

13.–(1) Within 7 days of the end of each account period, the proprietor or operator who is responsible for paying the processing establishment charge shall make a written return to the relevant district council to which that charge is payable in respect of the fishery products which have entered the establishment concerned during that period.

(2) The return referred to in paragraph (1) shall include the following information –

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

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

(c) the amount of the charge payable under regulation 12.

(3) During the period of one year beginning on and including the day on which a proprietor or operator makes a return under this regulation –

(a) the relevant district council to which the return was made may require the proprietor or operator to supply separate information of the kind required by paragraph (2) in respect of each batch of fishery products included in it; and

(b) the proprietor or operator shall retain records which are sufficient to enable him to supply any such information.

(4) Any proprietor or operator who without reasonable excuse –

(a) fails to comply with paragraph (1) or (3)(b); or

(b) fails to comply with a requirement made under paragraph (3)(a),

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Revocation

14. The Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2006(8) are revoked.

Regulation 2(1)

THE SCHEDULE DEFINITIONS OF COMMUNITY LEGISLATION

"Directive 2004/41" means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC(9);

"Regulation 2406/96" means Council Regulation (EC) No. 2406/96 laying down common marketing standards for certain fishery products(10) as amended by Commission Regulation (EC) No. 323/97(11), Council Regulation (EC) No. 2578/2000(12), Commission Regulation (EC) No. 2495/2001(13), Commission Regulation (EC) No. 790/2005(14) and the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded(15);

"Regulation 178/2002" means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(16) as amended by Regulation 1642/2003 and Commission Regulation (EC) No. 575/2006(17);

"Regulation 1642/2003" means Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law establishing the European Food Safety Authority and laying down procedures in matters of food safety(18);

"Regulation 852/2004" means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs(19) as read with Regulation 2073/2005;

"Regulation 853/2004" means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(20) as amended by Regulation 2074/2005, Regulation 2076/2005, Commission Regulation (EC) No. 1662/2006(21), Regulation 1791/2006 and Commission Regulation (EC) No. 1243/2007(22) and as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and 2076/2005;

"Regulation 854/2004" means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(23) as amended by Regulation 882/2004, Regulation 2074/2005, Regulation 2076/2005 and Regulation 1791/2006 and as read with Directive 2004/41, Regulation 2074/2005, Regulation 2075/2005 and Regulation 2076/2005;

"Regulation 882/2004" means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(24) as read with Regulation 2074/2005 and Regulation 2076/2005 and as amended by Regulation 776/2006 and Regulation 1791/2006;

"Regulation 1688/2005" means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs(25);

"Regulation 2073/2005" means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs(26);

"Regulation 2074/2005" means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No.854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(27) as amended by Commission Regulation (EC) No.1664/2006(28) and Commission Regulation (EC) No. 1244/2007(29);

"Regulation 2075/2005" means Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat(30) as amended by Commission Regulation (EC) No. 1665/2006(31) and Commission Regulation (EC) No. 1245/2007(32);

"Regulation 2076/2005" means Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(33) as amended by Commission Regulation (EC) No. 1666/2006(34), Commission Regulation (EC) No. 479/2007(35) and Commission Regulation (EC) No. 1246/2007(36);

"Regulation 776/2006" means Commission Regulation (EC) No. 776/2006 amending Annex VII to Regulation 882/2004 of the European Parliament and of the Council as regards Community reference laboratories(37); and

"Regulation 1791/2006" means Council Regulation (EC) No. 1791/2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania(38).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Fishery Products (Official Control Charges) Regulations (Northern Ireland) 2006 (S.R. 2006 No. 485).

These Regulations provide for the execution and enforcement of Articles 26 and 27 of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ No. L165, 30.4.2004, p.1; the revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum, OJ No. L191, 28.5.2004, p.1, which should be read with a further Corrigendum, OJ No. L204, 4.8.2007, p.29), in so far as those provisions require fees to be collected to cover the costs occasioned by official controls performed on fishery products under Annex III to Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ L139, 30.4.2004, p.206; the revised text of Regulation (EC) No. 854/2004 is now set out in a Corrigendum, OJ No. L226, 25.6.2004, p.83, which should be read with a further Corrigendum, OJ No. L204, 4.8.2007, p. 26).

These Regulations –

(a) state what costs constitute the actual costs of exercising official controls for the purposes of the Regulations (regulation 3);

(b) provide the rates to calculate the Sterling equivalent of any sums which are specified in Euros in the Regulations (regulation 4);

(c) prescribe how the length of an "account period" for the purposes of the Regulations is to be determined (regulation 5);

(d) provide that where a duty to pay charges under the Regulations is imposed on more than one person it may be enforced jointly or separately against such persons (regulation 6);

(e) require district councils to which charges are payable under the Regulations to calculate the charges, recalculate if an error is made and give notice of amounts due to those liable to pay (regulation 7);

(f) provide for appeals against decisions of district councils imposing charges under the Regulations and lay down the requirements for the conduct and determination of such appeals (regulation 8);

(g) provide for the payment of charges by one district council to another where charges are payable to more than one district council (regulation 9);

(h) require payment of a specified amount to the relevant district council by vendors of relevant fishery products or relevant landed fishery products in relation to the first placing on the market or first sale in a fish market of such products (the terms "relevant district council", "vendor", "relevant fishery products", "relevant landed fishery products", "first placing on the market" and "first sale in a fish market" are defined in regulation 2) (regulation 10);

(i) require those vendors to supply the relevant district council with returns in respect of the aggregate of transactions for which charges are payable by them under regulation 10, specify the information to be contained in such returns, permit the relevant district council to require vendors to supply additional information in relation to such transactions, require them to keep records that are sufficient to enable them to supply such information and make it a summary offence to fail to comply with any such requirement (regulation 11);

(j) require payment of a specified amount to the relevant district council by proprietors or operators of processing establishments in relation to fishery products entering the establishment concerned for the purpose of processing (the terms "processing establishment" and "processing" are defined in regulation 2) (regulation 12); and

(k) require proprietors and operators of processing establishments to supply the relevant district council with returns in respect of fishery products for which charges are payable under regulation 12, specify the information to be contained in such returns, permit the relevant district council to require those proprietors or operators to supply additional information in relation to such products, require them to keep records that are sufficient to enable them to supply such information and make it a summary offence to fail to comply with any such requirement (regulation 13).