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Royal Decree 2064 / 2004 Of 15 October, Which Regulates The First Sale Of Fishery Products.

Original Language Title: Real Decreto 2064/2004, de 15 de octubre, por el que se regula la primera venta de los productos pesqueros.

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TEXT

The Royal Decree 1998/1995 of 7 December, for which the rules for the control of the first sale of fishery products are issued, lays down the basic rules in this field, in accordance with the provisions of the Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy. The subsequent amendments to the regulation have been designed to strengthen the control system applicable in all areas of fisheries policy.

In particular, Council Regulation (EC) No 846/98 of 17 December 1998 amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy has introduced new control measures with regard to the first-sale and transport operations of fishery products and the corresponding supporting documentation of those products.

Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fishery resources under the common fisheries policy also lays down in Article 22.2 thereof. provisions applicable to the regulation and control of the first sale of fishery products.

Law 3/2001, of 26 March, of Maritime Fisheries of the State, establishes in its titles II and III the basic regulations for the management of the fishing sector and the marketing and processing of fishery products, empowering the Government for its regulatory development.

Thus, and without prejudice to the direct applicability of the Community regulations, by means of this royal decree it is necessary to adapt our internal order, in this matter, to the aforementioned Community regulations.

In accordance with the provisions of Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1999 and Royal Decree 1337/1999 of 31 July 1999 on the provision of information in the field of standards and This provision has been forwarded to the European Commission and to the other Member States. It has been forwarded to the European Commission and to the other Member States.

In the elaboration of this royal decree, the autonomous communities and the affected fishing sector have been consulted.

The second final provision of Law 3/2001, of March 26, of Maritime Fisheries of the State, authorizes the Government to dictate how many provisions are necessary for its development and implementation.

In its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of October 15, 2004,

DISPONGO:

Article 1. Object and scope of application.

1. This royal decree aims to regulate the first sale of fishery products on the occasion of their landing or unloading on national territory, including imports.

2. It shall apply to fishery, shellfish and aquaculture products, live, fresh, chilled, frozen and deep-frozen, not processed or processed on board or in aquaculture facilities, whether or not packaged.

Article 2. Places of landing and unloading.

1. Live, fresh or chilled, frozen and deep-frozen, processed or unprocessed fishery products may only be landed in the ports defined by the competent bodies of the autonomous communities, and on the docks or places designated by the port authorities.

2. In the event that they are not landed in port, their discharge may be carried out in those places that are determined by the autonomous communities.

3. In the case of imports of fishery products, the ports and places of landing or unloading authorised shall be those designated by the Government.

Article 3. First sale.

1. The first sale of the fishery products may be carried out in the places listed below, and no second auction may be held in them, once the first sale has been awarded:

A) Live, fresh and chilled fishery products:

a) Fishing products. The first sale of the fishery products will be carried out in the ports of the ports, through the holders of the concession of those.

By way of derogation from the preceding paragraph, the first sale may also be made in centres or establishments approved by the Autonomous Communities in the following cases:

1. º When it comes to products that are not downloaded in port.

2. º When the first sale takes place in the island territories that do not have a lonja.

3. In the case of catches made with the trap fishing modality, the coral or the marine flora.

b) Marking products. Its first sale can be carried out in the ports of the ports or in the centres approved by the autonomous communities, located inside or outside the harbour.

c) Products of aquaculture. The first sale of the products of aquaculture can be carried out in the ports of the ports, in the production centers or in the establishments located inside or outside the harbour enclosure, authorized by the autonomous communities.

B) Frozen, deep-frozen or processed products on board or in aquaculture facilities.

The first sale of frozen, deep-frozen or processed fishery products will be carried out in the centres or establishments approved by the autonomous communities.

2. Provided that the products are not the object of first sale in the markets, they may be acquired only by buyers authorized by the autonomous communities, whether they are natural or legal persons, centres or establishments.

Article 4. Requirements that must gather the places where the first sale takes place.

1. In order to be able to comply with the control obligations arising from the European Union legislation, the auctions and the centres or establishments approved by the Autonomous Communities to carry out the first sales of the products At least the following requirements shall be met:

(a) Dispose of sufficient and adequate computer equipment for obtaining and transmitting to the competent authority of the Autonomous Community and, where appropriate, the General Administration of the State of all data which it requires on the transactions that are carried out for statistical control.

(b) To lay down precise and appropriate weighing systems for the characteristics of the fishery products covered by the transaction.

c) Publish the operating schedules and inform in advance of the first sales, whichever is the place where they are held.

2. The above requirements must be observed without prejudice to the fulfilment of those referred to in Chapter II.3 of the Annex to Royal Decree 1437/1992 of 27 November 1992 laying down the health rules applicable to the production and marketing of fishery and aquaculture products, and the content of Royal Decree 571/1999 of 9 April 1999 laying down the technical and health regulations laying down the rules applicable to production and the placing on the market of live bivalve molluscs.

Article 5. Note of sale.

1. In the first sale of the fishery products, whichever is the mode of the transaction, once effective, the note of sale must be completed, which must contain at least the following data:

a) Fishing and shellfish products:

1. The commercial and scientific name of each species and its catch area, in accordance with Commission Regulation (EC) No 2065/2001 of 22 October 2001 laying down detailed rules for the application of the Council Regulation (EC) No 104/2000 as regards consumer information in the field of fishery and aquaculture products.

2. For fresh fishery products, the size or weight of the specimens, presentation and freshness, in accordance with the provisions of Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products for the species regulated in this Regulation.

3. º The quantity sold and the price per kilo of each species.

4. The destination of products withdrawn from the market, where appropriate, in accordance with the provisions of Commission Regulation (EC) No 2494/2001 of 19 December 2001 amending Regulation (EC) No 80/2001 in respect of (a) the marketing options for the fishery products withdrawn from the market.

5. th Identification, name and surname or social reason of the buyer and seller.

6. Place and date of sale.

7. Reference to the contract of sale, in the contract sales.

8. The name, external identification marks and flag of the vessel for the products landed from Community vessels, as well as the internal number of the vessel in the Community Register of fishing vessels, in its case.

9. The name, external identification marks, international radio and flag flag of the vessel for products landed from third country vessels.

10. º The name of the shipowner or the master of the fishing vessel.

11. ° The port and date of landing or place and date of import or place and date of unloading.

12. Reference to the transport document, the collection declaration or the T2M document, the DUA (single customs document) or EUR 1 (movement certificate) stating the origin of the quantities transported, where the products are put up for sale in a place other than that of landing or unloading.

b) Products of aquaculture:

1. The scientific and commercial denomination of the species.

2. Place of breeding, in accordance with the provisions of Commission Regulation (EC) No 2065/2001 of 22 October 2001.

3. º Quantity sold and price per kilogram.

4. º Identification, name and surname or social reason of the buyer and the seller.

5. Place and date of sale.

2. They shall be responsible for the completion and issuance of the sales note and for their submission to the competent authorities, in accordance with Article 22.2.c of Council Regulation (EC) No 2371/2002 of 20 December 2002, on the conservation and sustainable exploitation of fishery resources under the common fisheries policy and with the content of Council Regulation (EC) No 846/98 of 17 December 1998 amending Regulation (EEC) No 2847/93 Council Decision of 12 October 1993 establishing a control system applicable to the policy of the European Community common fisheries:

(a) The dealer of the auction and, failing that, the agents authorized by the autonomous community for the first sale in it and authorized by the port authority for the development of such activity in the port. In the latter case, the sales notes shall be sent to the port authority holding the auction for the purposes of the latter being brought before the competent authorities.

(b) The holder of the approved establishment or establishment or the holder of the dispatch or purification centre.

3. The price, expressed in euro, as shown in the note for the sale of fresh and frozen fishery products, shall be the same as the selling price on the corresponding invoice, excluding taxes.

Article 6. Declaration of collection.

1. Where the fishery products landed or unloaded are not put up for sale or are intended for further sale or deferred sale, the owner or his representative shall complete the declaration of collection and shall be responsible for the presentation to the competent body of the autonomous community.

2. The collection declaration document shall contain at least the following data:

(a) The commercial and scientific name of each species and its geographical area of catch or breeding in accordance with Commission Regulation (EC) No 2065/2001 of 22 October 2001.

b) For all species, the weight broken down by each form of product presentation.

(c) The name, the external identification marks and the flag of the vessel for the products landed from Community vessels, as well as the internal number of the vessel in the Community Register of fishing vessels, where appropriate.

(d) The name, external identification marks, international radio and flag flag of the vessel for products caught by third country vessels.

(e) The name of the shipowner or the master of the fishing vessel.

f) The port and date of landing or place and date of import or place and date of unloading.

g) The place or places where the products are stored.

(h) Where appropriate, the reference to the transport document or to the document "T 2 M", "DUA" or "EUR 1" showing the origin of the quantities transported.

3. Where the placing on the market of fishery products has been the subject of a contract price or a flat-rate price fixed for a given period of time, the owner of the products or his representative must also complete the document for the declaration of collection and refer it to the competent body of the autonomous community, without prejudice to the subsequent presentation of the sales note after it is formalised.

Article 7. Transport document.

1. Fishery products, in respect of which no note of sale or declaration of collection has been made and which are transported to a place other than that of landing, unloading or import, must be accompanied by the transport document, to the place where the first sale is stored, processed or made.

2. The transport document must contain at least the following data:

(a) The name, the external identification marks and the flag of the vessel for the products landed from Community vessels, as well as the internal number of the vessel in the Community Register of fishing vessels, where appropriate.

(b) The name, external identification marks, the international radio and flag flag of the vessel for products landed from third country vessels.

(c) The place in which the consignment was imported, in the case of imports which are not carried out by boat, in accordance with Article 13.2.a) of Council Regulation (EEC) No 2847/93.

(d) The name of the shipowner or the master of the fishing vessel.

e) The name of the consignee, place and date of loading.

f) The place of destination of the product and the identification of the transport vehicle.

g) The quantities of fish of each species transported, expressed, where appropriate, in kilograms of processed weight, the scientific and commercial name of each species and its geographical area of catch or breeding according to the Commission Regulation (EC) No 2065/2001 of 22 October 2001.

3. The carrier of the goods shall be responsible for the issue of the transport document and the person responsible for submitting it to the competent body of the autonomous community of origin of the product.

Article 8. Documents accompanying the product in the transport after the first sale.

In the event that the fishery products have been sold in accordance with any of the arrangements for sale, and are transported to a place other than that of landing or unloading, the carrier must prove in any time the transaction made, by copying the first sale note, to the credit or other document that accredits it, including the invoice.

Article 9. Time limits for the referral of documents to the competent authority.

1. The sales notes shall be sent within 48 hours from the first sale to the competent body of the autonomous community where the sale is made.

2. The declarations of collection and the transport documents shall be sent within 45 hours of the date of landing or discharge to the competent authorities of the autonomous community where they have been issued.

3. The carrier of the fishery products landed or unloaded in another Member State of the European Union whose first sale is to be carried out in Spain shall submit within 45 hours of the landing a copy of the Transport document to the Directorate-General for Fisheries Structures and Markets of the Ministry of Agriculture, Fisheries and Food.

Article 10. Sanctioning regime.

The violations of the provisions of this royal decree will be sanctioned in accordance with the provisions of Title V of Law 3/2001 of 26 March on the Maritime Fisheries of the State, without prejudice to the application of the rules (a) the autonomy of the Member States.

Additional disposition first. Communication of information.

1. The competent bodies of the autonomous communities shall communicate to the Directorate-General for Structures and Markets Fisheries within a period of 15 days the granting of authorization to natural or legal persons, establishments or approved places. so that they can make the first sale of the fishery products.

2. The competent bodies of the autonomous communities shall also forward to the Directorate-General for Fisheries Structures and Markets, on the first working day of each month, the data obtained from the first sales carried out during the first half of the year. of the preceding month and the sixteenth day of each month, or if the latter is not working, on the first working day following, the data relating to the second half of the preceding month, for the purposes of compliance with the controls and communications established by the Council Regulation (EEC) No 2847/93.

Additional provision second. Computerisation.

1. The Directorate-General for Fisheries Structures and Markets and the competent bodies of the autonomous communities shall establish the appropriate coordination mechanisms for the implementation of computerised databases to allow for the exchange of information. electronic data using standard formats and communication protocols.

2. The data relating to the fishery resources referred to in Article 6.4 of Council Regulation (EC) No 2371/2002 of 20 December 2002 shall also be recorded on those bases.

Additional provision third. Confidentiality.

The competent public authorities in each case shall take the necessary measures in order to ensure a confidential treatment of the data received under this royal decree, restricting their use to the purposes for whose compliance is provided, unless they are to be used to protect public health.

Additional provision fourth. Specific documentation.

For all species for which the obligation to be accompanied by a specific documentation has been established, this documentation must be submitted, together with that established in this royal decree, at any time the request of the competent authorities.

Single repeal provision. Regulatory repeal.

There are no provisions of equal or lower rank to be repealed in this royal decree and, in particular, the Royal Decree 1998/1995 of 7 December, for which the rules for the control of the first sale of fishery products.

Final disposition first. Food safety regulations.

The provisions of this royal decree will apply without prejudice to compliance with the provisions on food safety that apply to it.

Final disposition second. Regulatory enablement.

The Minister of Agriculture, Fisheries and Food, in the field of his powers, is empowered to dictate the provisions and adopt the necessary measures for the fulfillment and implementation of the provisions of this royal decree.

Final disposition third. Competence title.

This royal decree is issued pursuant to Article 149.1.19. of the Constitution with the character of basic regulation of the management of the fishing sector, except for Article 2 (3), which is dictated by competition State exclusive on sea fishing.

Final disposition fourth. Entry into force.

This royal decree will enter into force six months after its publication in the "Official Gazette of the State".

Given in Madrid, on October 15, 2004.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

ELENA ESPINOSA MANGANA