ISBN 0 7559 2691 9 (Web only publication)
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Department for Environment Food and Rural Affairs
Scottish Executive and Rural Affairs Department
Welsh Assembly Government
Department of Agriculture and Rural Development Northern Ireland
July 2005
CONTENTS
Part 1 : Introduction and summary of general requirements
Part 2 : Detailed requirements
Submission of sales notes by those involved in the first sale of fish
Submission of sales notes by the buyer of first sale fish
Appendix 1: Codes for the recording of species in sales notes
Appendix 2: Buyers sales note
Appendix 3: Sellers sales note
Appendix 4: List of Local Sea Fishery Offices
PART 1: INTRODUCTION AND SUMMARY OF GENERAL REQUIREMENTS
INTRODUCTION
1. These instructions take immediate effect and replace previous guidance issued by the Fisheries Departments on sales notes. They are not exhaustive nor should they be regarded as a definitive statement of the law. They should be read in conjunction with Council Regulation 2847/93 (as amended) ("the Control Regulation") and Article 22(2) of Council Regulation 2371/2002.
SUMMARY OF REQUIREMENTS
1.1 Sales notes are required in respect of first sales of fish. They provide an essential aid in cross checking the quantities of fish recorded in logbooks and on landing declarations as well as providing information about market prices and compliance with the Community's grading and price regulations.
1.2 Sales notes for first sales of fish must be submitted within 48 hours of sale by either:
- those selling fish at a designated auction centre (i.e. the registered seller); or
- by the buyer of the fish in all other cases.
1.3 Sales notes are not required for small quantities of fish sold direct to the public for their own consumption. See paragraph 2.4 for further information.
ENQUIRIES AND FURTHER GUIDANCE
1.4 Further advice may be obtained from your local Fishery office.
1.5 Separate guidance on:
- completion and submission of EU logbooks;
- completion and submission of landing declarations;
- completion and submission of take-over declarations;
- control regulation requirements as they apply to transporters of fish;
- control regulation requirements as they apply to shellfishermen;
- Western waters;
- Northern hake;
is also available from your local Fishery Office.
PART 2: DETAILED REQUIREMENTS
FORMAT
2. There is no set format for sales notes but they must contain the following information:
- the relevant name of each species and its geographical area of origin (Note: if the ICES Division is not known then for all fish caught in Community waters North of 48º North, it is sufficient to record "Region 2" on the sales note as the area of origin);
- for all species, where appropriate, the individual size or weight, grade, presentation and freshness;
- the price and quality at first sale of each species sold, where appropriate, on an individual size or weight, grade, presentation and freshness basis;
- where appropriate, the destination of any fish withdrawn from the market;
- the name of the seller and buyer;
- the place and date of sale;
- where possible, the reference number of the sales contract;
- the external identification and name of the fishing vessel landing the fish sold;
- the name of the vessel owner or master;
- the port and date of landing;
- where applicable, reference to a transport document or take-over declaration.
2.1 All information entered on sales notes must be legible and indelible. FAO codes set out in Appendix 1 may be used to identify the species.
2.2 An example of a completed Buyers sales note is at Appendix 2, an example of a Sellers Sales note is at Appendix 3. Blank copies which you may photocopy are also included. Copies can also be downloaded from Fisheries Departments' websites.
CIRCUMSTANCES IN WHICH A SALES NOTE MUST BE SUBMITTED
2.3 A sales note must be submitted for all first sales of fish in respect of landings made into the UK regardless of the species or quantities involved.
2.4 Sales notes are NOT required for first sales of fish in quantities of less than 25kg per day which are sold direct to the public for their own consumption.
2.5 Responsibility for the completion and submission of sales notes rests with:
- the SELLER (i.e. the registered Seller) when the fish is sold at auction by competitive bidding; or
- the BUYER when the fish is sold in any other way.
The person submitting the sales note is responsible for the accuracy of all the information provided in accordance with Article 9 of the Control Regulation.
2.6 All sales notes must be submitted within 48 hours of the completion of the sale. In England, Wales and Northern Ireland they should be submitted to your local Fishery Office.
2.7 In Scotland, sellers should submit their sales notes to their local Fishery Office. Buyers should submit their sales notes to Aberdeen Fishery Office.
2.8 A list of all Fishery Offices is at Appendix 4.
2.9 NB. Where fish is transported from the port of landing for sale at another port or location it must be accompanied by a transport document. Responsibility for this rests with the transporter - see separate guidance notes for the transportation of fish.
Fish which has been landed in another Member State but imported into the UK for first sale
2.10 The first seller of the fish must complete and submit a sales note(s) to the local Fishery Office in the normal way. The Fisheries Departments will send a copy of the sales note to the competent authorities of the Member State in which the fish was landed.