The Sea Fishing (Illegal, Unreported and Unregulated Fishing) (Scotland) Order 2013

Refusal of importation

6.—(1) The competent authority must refuse importation or permission to use transhipment facilities where a pre-landing or pre-transhipment declaration has not been submitted in accordance with Article 8 of the Council Regulation and Article 3 of, and Annexes IIIA and IIIB to, the Commission Regulation.

(2) In the event that the competent authority refuses the importation of fishery products pursuant to Article 18(1) or (2) of the Council Regulation, the authorised officer may seize any fishery products, including any receptacle which contains the fishery products.

(3) Any fishery product which is seized under paragraph (2) may be sold, disposed of or destroyed by the competent authority in any manner it thinks fit where—

(a) it has notified the importer of its intention to sell, dispose of or destroy the fishery product; and

(b) either no appeal is made under article 7(1) in relation to a decision to give notice under sub-paragraph (a) and the period specified in article 7(2)(b) has elapsed or such appeal having been made—

(i) the appeal has been withdrawn; or

(ii) the sheriff dismisses the appeal.