Refusal of importation6
1
The Department shall refuse importation or permission to use transhipment facilities where a declaration has not been submitted in accordance with Article 8 of the Council Regulation and Article 3 of, and Annex IIIA or as the case may be, Annex IIIB to, the Commission Regulation.
2
For the purposes of Article 18(3) of the Council Regulation, an authorised officer may seize any fishery products, including any receptacle which contains the fishery products.
3
Any fishery products which are seized under paragraph (2) may be sold, disposed of or destroyed by the competent authority in any manner it thinks fit if—
a
it has given written notice to the importer of its intention to sell, dispose of or destroy the fishery products; and
b
either no appeal is made under paragraph (4) within the period specified in that paragraph or, where an appeal has been made—
i
the appeal has been withdrawn; or
ii
the court dismisses the appeal.
4
Where the competent authority has refused importation pursuant to Article 18(1) or (2) of the Council Regulation or paragraph (1) above, the importer may appeal to a court of summary jurisdiction within 28 days of the refusal.
5
The procedure on an appeal under paragraph (4) is by way of notice, and Part VII of the Magistrates’ Courts (Northern Ireland) Order 198114 applies to the proceedings.