The Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010

Admissibility in evidence of logbooks and other documents

12.—(1) Any—

(a) logbook kept under Article 6 of Regulation 2847/93(1) or sent under Article 15 of Regulation 1224/2009(2);

(b) declaration submitted under Article 8(1) of Regulation 2847/93 or sent under Article 24 of Regulation 1224/2009;

(c) declaration submitted under Article 11 of Regulation 2847/93 or sent under Article 22 of Regulation 1224/2009;

(d) document drawn up under Article 13 of Regulation 2847/93;

(e) declaration submitted under Article 66 of Regulation 1224/2009;

(f) sales note submitted under Article 62 of Regulation 1224/2009; or

(g) document containing required information received by a fisheries monitoring centre established under Article 9(7) of Regulation 1224/2009,

is, in any proceedings for a relevant offence, to be received in evidence without being produced or sworn to by any witness and is, unless the contrary is shown, conclusive evidence as to the matters stated therein.

(2) For the purpose of paragraph (1)(g), “required information” means data relating to—

(a) a fishing boat’s identification;

(b) a fishing boat’s course and speed;

(c) the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and

(d) the date and time of the fixing of that position,

as communicated via a satellite-based vessel monitoring system established under Article 9 of Regulation 1224/2009.

(1)

O.J. No. L 261, 20.10.93, p.1.

(2)

O.J. No. L 343, 22.12.09, p.1.