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Regulation (EU) No 640/2010 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003

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CHAPTER IVU.K.F1... VERIFICATION [F2, ENFORCEMENT AND OFFENCES]

F3Article 8U.K.Communication and conservation of validated documents

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 9U.K.Verification

1.[F4The licensing authorities must ensure that appropriate measures are put in place to attempt to] identify each lot of bluefin tuna landed in, transhipped in, domestically traded in, imported into or exported or re-exported from [F5Great Britain][F6and, where identified, that] the validated catch document(s) and related documentation of each lot of bluefin tuna [F7are requested and examined]. F8...

2.[F9Where appropriate, the examination referred to in paragraph 1 may include an examination of] the content of the lot to verify the information contained in the [F10bluefin tuna] catch document and in related documents and, where necessary, F11... verifications with the operators concerned.

3.If, as a result of examinations or verifications carried out pursuant to paragraphs 1 and 2, a doubt arises regarding the information contained in a [F12bluefin tuna] catch document, [F13the licensing authority][F14must][F15communicate with the relevant authority] which validated the catch document(s) or re-export certificate(s) to resolve such doubts.

[F164.If a [F17licensing authority] identifies a lot with no [F18bluefin tuna] catch document, it must notify its findings to [F19—

(a)the relevant authority for the exporting State, where the exporting State is a contracting party, or a non-contracting cooperating party, to the International Convention for the Conservation of Atlantic Tunas, and

(b)where known, the relevant authority for the flag State of the fishing boat, where the flag State is a contracting party, or a non-contracting cooperating party, to the Convention.]]

5.Pending the examinations or verifications under paragraphs 1 and 2, [F20[F21the licensing authority] must] not release the lot for domestic trade, import or export F22....

6.Where [F23the licensing authority], as a result of examinations or verifications pursuant to [F24this Article] and in cooperation with the validating authorities concerned, determines that a [F25bluefin tuna] catch document or re-export certificate is invalid, the domestic trade, import, export or re-export of the lot of bluefin tuna concerned [F26must] be prohibited.

[F277.In paragraph 1 “the licensing authorities” means the Marine Management Organisation, the Scottish Ministers and the Welsh Ministers.]

Textual Amendments

[F28Article 9AU.K.Penalties for offences

1.A person who commits an offence under Article 3(6) or 6(4) of this Regulation is liable—

(a)on summary conviction in England and Wales, to a fine;

(b)on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(c)on conviction on indictment, to a fine.

2.The court by or before which a person is convicted of an offence under this Regulation may order the forfeiture of any fish in respect of which the offence was committed and any fishing gear used in committing the offence.

3.Where the court does not order the forfeiture of fish under paragraph 2, the court may instead impose a fine on the person not exceeding the value of the fish in respect of which the offence was committed. Any fine to which a person is liable under this paragraph is in addition to any other penalty (whether pecuniary or otherwise) to which the person is liable in respect of that offence under this Regulation or under any other enactment.

Textual Amendments

Article 9BU.K.Offences by bodies corporate etc

1.Where an offence under this Regulation is committed by a body corporate and it is proved that the offence—

(a)was committed with the consent or connivance of a person falling within paragraph 2, or

(b)is attributable to any neglect on the part of such a person,

that person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.

2.The persons are—

(a)a director, manager, secretary or similar officer of the body corporate;

(b)any person purporting to act in such a capacity.

3.Where the affairs of a body corporate are managed by its members, paragraph 1 applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.

4.Where an offence under this Regulation has been committed by a Scottish partnership and it is proved that the offence—

(a)has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or

(b)is attributable to any neglect on the part of such a person,

that person (as well as the partnership) is guilty of an offence and liable to be proceeded against and punished accordingly.

Textual Amendments

Article 9CU.K.Enforcement

1.A British sea-fishery officer may seize any fish in respect of which an offence has been committed under this Regulation where the fish are on the fishing boat on which the offence has been or is being committed or are in the ownership or custody of, or under the control of, the owner, the master or the charterer (if any) of the fishing boat.

2.For the purpose of enforcing the provisions of this Regulation, section 8 of the Sea Fisheries Act 1968 (general powers of British sea-fishery officers) has effect as it has effect in relation to the provisions mentioned in subsection (1) of that section.

3.A marine enforcement officer has an enforcement function in relation to any offence or suspected offence by any person under this Regulation.

4.Section 238 of the Marine and Coastal Access Act 2009 (enforcement of the fisheries legislation) applies in relation to the enforcement function conferred by paragraph 3 as it applies in relation to the enforcement of “the fisheries legislation” (as defined in that section).

5.In this Article—

  • ‘British sea-fishery officer’ means any person who by virtue of section 7 of the Sea Fisheries Act 1968 is a British sea-fishery officer;

  • ‘marine enforcement officer’ has the same meaning as in section 235(1) of the Marine and Coastal Access Act 2009.]

Textual Amendments

Textual Amendments

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