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SEAFISH have won their appeal allowing it to impose a levy on imported fish supplies.
The Supreme Court – the highest court in the land - this morning allowed the appeal, brought in conjunction with Defra.
The court ruled: “The Supreme Court unanimously allows the appeal, holding that the statutory power extends to imposing a levy in respect of imported sea fish or parts of sea fish and that such a levy is not a charge equivalent to a customs duty contrary to EU law. "
The appeal was heard by five of the most senior judged in the country - Lord Phillips (President), Lord Walker, Lady Hale, Lord Mance and Lord Collins.
The result follows a surprise decision last year when the High Court allowed an appeal by fish importers Bloomsbury International (owners of the now collapsed British Seafood Group) and others against paying the levy.
The decision threw the industry into turmoil and even threatened the future of Seafish itself because it risked losing a large chunk of its income. The bulk of fish processed in the UK today is now imported from countries such as Iceland, Norway and the Faroe islands. Seafish had to scale back some of its work following last year’s High Court decision. The result now means ithe industry watchdog authority, can now get back to its normal business or promoting and looking after the industry.
Steve Norton, chief executive of the Grimsby Fish merchants Association, said that today’s ruling would impact on many of his members because they would now have to start paying the levy on imported supplies. However, he believed that the industry needed a strong and vibrant Seafish Industry Authority and, for that reason, the decision should be given a cautious welcome.
“I do hope that Seafish will now become a more focused and cost effective organisation and that it will look closely at the problems facing the small and medium processors as well as the larger companies. There is also a case for a single levy payment on every because a different rate is paid on pelagic supplies.”
He added: “There is also a case for imposing a levy on aquaculture supplies because fish farming was in its infancy when Seafish was created in 1981. Seafish are expected to give their reaction to the Supreme Court ruling later today.
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