SEA FISHERIES Citation and commencement 1 This Order may be cited as the Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment (No. 2) Order 2003 and shall come into force on 27th June 2003. Amendment of the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2003 2 1 The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2003 is amended as follows. 2 In article 2(1) (interpretation)– a in the definition of “Annex XVII ” at the end insert “as amended by Council Regulation ( EC ) No. 671/2003 of 10th April 2003 ”; and b after the definition of “British fishing boat” insert– “the Commission Decision” means Commission Decision 2003/185/EC on the allocation of additional days absent from port to Member States in accordance with Annex XVII of Council Regulation (EC) No. 2341/2002 ; . 3 In article 3 (absence from port)– a for paragraph (2) substitute– 2 In this Order, the person in charge of a relevant British fishing boat is its owner, master or charterer (if any), and the number of days permitted to such a boat for any period identified below is the basic number, that is to say– a in application of paragraph 11(a) (aggregation of periods) of Annex XVII, for the period beginning on the date of the coming into force of the Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment (No. 2) Order 2003 (“the No. 2 Order”) and ending on 31st July 2003, the greater of– i the basic number that would have applied in respect of the period from 1st June 2003 to 31st July 2003 in accordance with this Order had the No. 2 Order not been made; or ii the basic number that would have applied in respect of the period from 1st June 2003 to 31st July 2003 in accordance with this Order had– A the No. 2 Order come into force on 1st June 2003; and B sub-paragraph (b) below applied to that period, less the number of days on which the boat, conform to this Order, was absent from port in the period beginning on 1st June 2003 and ending on the day before the date of the coming into force of the No. 2 Order; b in application of paragraph 11(a) (aggregation of periods) of Annex XVII, for each successive period of two calendar months, the first of which starts on 1st August 2003 and the last of which ends on 30th November 2003, whichever is the greater of– i double the number indicated in paragraph 6(a) of Annex XVII; or ii any other number of days granted in writing in respect of such a boat by the Scottish Ministers in accordance with paragraph 6(e) of Annex XVII, as read with paragraph 5(b), 5(c), 9 and 13 of Annex XVII, and applicable to the boat in accordance with any fishing gear it carries; and c for December 2003, whichever is the greater of– i the number indicated in paragraph 6(a) of Annex XVII; and ii any other number of days granted in writing in respect of such a boat by the Scottish Ministers in accordance with paragraph 6(e) of Annex XVII, as read with paragraph 5(b), 5(c), 9 and 13 of Annex XVII, and applicable to the boat in accordance with any fishing gear it carries, cumulatively adjusted in accordance with paragraphs (3) to (7) and subject to paragraph (8). ; b for paragraph (3) substitute – 3 In relation to any relevant British fishing boat and in respect of the type of fishing gear it may carry, for each calendar month there is, subject to paragraph 6(e) of Annex XVII, added to the basic number the maximum number of additional days (if any) that the United Kingdom may allocate in accordance with the Commission Decision. ; c after paragraph (5) add– 5A For the purposes of transfer of days in accordance with paragraphs (4) and (5), the basic number for the period from 1st June 2003 to 31st July 2003 shall be the greater of the numbers ascertained in accordance with– a paragraph (2)(a)(i); and b paragraph 2(a)(ii). ; d in paragraph (8) for “4(a)” substitute “4”; and e for paragraph (9) substitute– 9 In– a paragraph (7) “relevant period” means– i a successive period of two calendar months referred to in paragraph 2(b); or ii December 2003; and b paragraph (8) “relevant period” means– i for the purposes of paragraph 2(a), 1st June 2003 to 31st July 2003; ii for the purposes of paragraph 2(b), a successive period of two calendar months referred to in paragraph (2)(b); and iii for the purposes of paragraph 2(c), December 2003. . 4 In article 6 (transfer of days from one boat to another)– a in article 6(4) after “years” insert “2000,”; and b in article 6(5) after “10(b)” insert “and (c)”. 5 In article 6A(3) , in the definition of “relevant period” for “3(9)” substitute “3(9)(b)”. 6 In article 8 (landing of cod)– a for “paragraph 13” in each place that it occurs substitute “paragraph 15”; and b for “paragraph 14” in each place that it occurs substitute “paragraph 16”. 7 In article 9 (mixing of species) for “paragraph 17” substitute “paragraph 19”. 8 In article 10 (transportation of cod) for “paragraph 20” substitute “paragraph 22”. 9 In article 14(1) (powers of British sea-fishery officers in relation to fishing boats) for “paragraph 18” substitute “paragraph 20”. 10 In article 15 (powers of British sea-fishery officers on land)– a in paragraph (1) for “paragraph 18” substitute “paragraph 20”; and b in paragraph (1)(h) after “to” insert “that”. Amendment of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 3 Article 2(1) (interpretation) of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 is amended as follows:– a in the definition of “Annex XVII” after “required” insert “as amended by Council Regulation (EC) No. 671/2003 of 10th April 2003”; and b in the definition of “the Council Regulation” for “paragraph 12” substitute “paragraph 14” and for “paragraph 20” substitute “paragraph 22”. ROSS FINNIE A member of the Scottish Executive Pentland House, Edinburgh 5th June 2003