European Communities (Financing of Veterinary Inspections and Controls on Fresh Fish Landed by Third Country Vessels) Regulations 2003
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Financing of Veterinary Inspections and Controls on Fresh Fish landed by Third Country Vessels Regulations 2003.
Interpretation
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paragraphs: (1) In these Regulations—
“authorised officer” means a person appointed under Regulation 7 as an authorised officer;
“Council Directive” means Council Directive No. 96/43/EC of 26 June 1996;
“designated landing port” means any port in the State authorised by the Minister pursuant to Council Directive 97/78/EU of 30 January 19982
“fresh fish” means one or both of the following, namely, fin fish that is whole or gutted and is not frozen and whole unprocessed crustaceans that are not frozen, and excludes bivalve molluscs, aquaculture animals and products, fishery products and waste of fish and fishery products;
“importer” means any person who, whether as owner, consignor consignee, agent or broker, is in possession of or in any way entitled to the custody or control of any imported fish;
“Member State” means a Member State of the European Communities;
“Minister” means the Minister for Communications, Marine and Natural Resources;
“third country” means a country that is not a Member State of the European Communities;
“third country vessel” means a fishing vessel from a third country engaged in fishing and storing of fresh fish.
(2) In these Regulations a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended.
(3) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive.
Fees
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paragraphs: (1) The importer of fresh fish landed by a third country vessel in the State shall pay to the Department of Communications, Marine and Natural Resources a fee of
€ 30 per consignment or
€ 1 per tonne,
whichever is the greater.
(2) The fee and any fees due under Regulation 4 are payable on the date on which the consignment is checked and approved for entry into the European Community by an authorised officer.
(3) An authorised officer shall not release the consignment for circulation into the European Community until the fee due under this Regulation and any fee due under Regulation 4 have been paid.
Additional Fees
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paragraphs: The importer shall reimburse the Department of Communications, Marine and Natural Resources the costs of any examinations, checks and analysis carried out on the fresh fish concerned pursuant to Council Directive No. 91/493/EEC of 22 July 1991, Annex, Chapter V3 , and Council Directive No. 91/492/EEC of 15 July 1991 Chapter III4
Payment of Fees
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paragraphs: (1) A fee due and payable by a person under these Regulations (including any interest thereon pursuant to Regulation 6) may be recovered from him or her by the Minister as a simple contract debt in any court of competent jurisdiction.
(2) A fee paid under these Regulations (including any interest thereon pursuant to Regulation 6) shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.
(3) The Public Offices Fees Act 1879 shall not apply to fees or interest under these Regulations.
Interest on Overdue Fees
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paragraphs: Where the whole or part of a fee payable by a person under these Regulations is not paid on the date specified, the person shall pay to the Department of Communications, Marine and Natural Resources interest at the rate of 1.5 per cent for each month or part month on the amount unpaid.
Authorised Officers
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paragraphs: (1) The Minister may appoint such and so many persons as the Minister thinks fit to be authorised officers for the purposes of these Regulations.
(2) An authorised officer when exercising a power conferred on him or her under these Regulations shall, if so requested by any person affected, produce evidence in writing of the authorised officer's appointment as an authorised officer.