S.I. No. 125/2016 - European Union (Common Fisheries Policy) (Point System) Regulations 2016

Type Statutory Instrument
Publication 2016-03-08
Last updated 2020-08-28
State Repealed superseded text
Text As published
articles 20

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 2020-08-28, S.I. No. 318/2020 - European Union (Common Fisheries Policy) (Point System) Regulations 2020

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CONTENTS

Regulation

1.

1.

Citation

2.

2.

Application

3.

3.

Interpretation

4.

4.

Competent authorities

5.

5.

Determination Panel

6.

6.

Notification of an infringement to the SFPA

7.

7.

Proposal to assign points by SFPA

8.

8.

Matters relating to points assigned

9.

9.

Recording of points by Licensing Authority

10.

10.

Points assigned attach to fishing capacity

11.

11.

Fisheries Adjudicator

12.

12.

Referral to Fisheries Adjudicator

13.

13.

Points system to be term of Irish licence

14.

14.

Offence — failure to inform potential future licence holder of assignment of points

15.

15.

Prohibition on fishing where fishing licence is withdrawn

16.

16.

Prosecution of summary offences

17.

17.

Service of notifications to fishing licence holders

18.

18.

Fixed payment notice

19.

19.

Non-application of Part 3 of Act of 2003 to suspension or permanent withdrawal of Irish licence

20.

20.

Revocation

S.I. No. 125 of 2016

EUROPEAN UNION (COMMON FISHERIES POLICY) (POINT SYSTEM) REGULATIONS 2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th March, 2016.

I, SIMON COVENEY, Minister for Agriculture, Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purposes of giving full effect to Article 92 of Council Regulation (EC) No. 1224/2009 of 20 November 20091 and Title VII of Commission Implementing Regulation (EU) No. 404/2011 of 8 April 20112 as amended by Commission Implementing Regulation (EU) 2015/1962 of 28 October 20153 , hereby make the following regulations:

Citation

1.

These Regulations may be cited as the European Union (Common Fisheries Policy) (Point System) Regulations 2016.

Application

2.

These Regulations apply to serious infringements of the rules of the common fisheries policy detected on or after the commencement of these Regulations.

Interpretation

3.

(1) In these Regulations—

“Act of 2003” means Fisheries (Amendment) Act 2003 (No. 21 of 2003);

“Act of 2006” means Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8 of 2006);

“Control Regulation” means Council Regulation (EC) No. 1224/2009 of 20 November 2009 as amended by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015;

“Commission Regulation” means Commission Implementing Regulation (EU) No. 404/2011 of 8 April 2011 as amended by Commission Implementing Regulation (EU) 2015/1962 of 28 October 2015;

“Determination Panel” shall be construed in accordance with Regulation 5;

“IUU Regulation” means Council Regulation (EC) No. 1005/2008 of 29 September 20084 ;

“Fisheries Adjudicator” shall be construed in accordance with Regulation 11;

“fishing capacity” in relation to an Irish sea-fishing boat, means its tonnage within the meaning of Article 4, and its engine power within the meaning of Article 5, of Council Regulation (EEC) No. 2930/86 of 22 September 19865 ;

“fishing licence” means an Irish licence or a foreign licence, as the case may be;

“foreign fishing vessel” means a Community fishing vessel other than an Irish sea-fishing boat;

“foreign licence”, in respect of a foreign fishing vessel, means a fishing licence issued in respect of the vessel by the competent authority of the flag Member State concerned;

“Irish sea-fishing boat” has the meaning assigned to it by section 2 of the Act of 2006;

“Irish licence” means a sea-fishing boat licence;

“Licensing Authority” has the meaning assigned to it by section 3 of the Act of 2003;

“Minister” means Minister for Agriculture, Food and the Marine;

“Register” means Register of Fishing Boats maintained under section 74 of the Act of 2006;

“sea-fisheries protection officer” means a sea-fisheries protection officer (within the meaning of the Act of 2006);

“sea-fishing boat licence” means a licence to fish for sea-fish granted in respect of an Irish sea-fishing boat under section 4 (inserted by section 97 of the Act of 2006) of the Act of 2003;

“serious infringement” means an infringement of the rules of the common fisheries policy mentioned in Annex XXX to the Commission Regulation that is determined by the Determination Panel, on the balance of probabilities, to be serious having regard to the criteria and guidance notes referred to in Regulation 6(3);

“infringement” means an infringement of the Common Fisheries Policy.

“SFPA” means Sea Fisheries Protection Authority.

Competent authorities

4.

(1) The SFPA is designated as the competent authority in the State for the purposes of Article 125(a) and (b) of the Commission Regulation.

Determination Panel

5.

(1) The SFPA shall establish a panel to be known as “the Determination Panel” for the purpose of determining whether an infringement has occurred, and if the infringement is a serious infringement for the purposes of Article 92 of the Control Regulation.

Notification of an infringement to the SFPA

6.

(1) Where a sea-fisheries protection officer detects an alleged infringement—

he or she shall forward an inspection report to the SFPA.

Proposal to assign points by SFPA

7.

(1) Where the Determination Panel determines that a serious infringement has occurred, the SFPA shall-

in accordance with Regulation 12.

of:

Matters relating to points assigned

8.

(1) Subject to paragraph (2), points assigned to a holder of an Irish licence remain assigned regardless of any criminal proceedings pending, or the outcome of any such proceedings, in respect of the serious infringement concerned.

Recording of points by Licensing Authority

9.

(1) Upon notification to it under Regulation 7(4) or 7(6), the Licensing Authority shall record the points assigned to the holder of an Irish licence that relates to the Irish sea-fishing boat concerned.

Points assigned attach to fishing capacity

10.

(1) Subject to this Regulation or the deletion of any points, points assigned to a holder of an Irish licence in accordance with Regulation 7 and Article 126 of the Commission Regulation attach to the fishing capacity associated with the licence and remain attached regardless of any transfer, division or sale of that fishing capacity, or any de-registration of the Irish sea-fishing boat concerned.

“policy directive” means a policy directive given by the Minister under section 3(2)(b) of the Act of 2003;

“off-register fishing capacity” means fishing capacity that is not, for the time being, assigned to an Irish sea-fishing boat.

Fisheries Adjudicator

11.

(1) The Minister shall appoint, on such terms and conditions as are specified in writing, one or more than one person who is a practising barrister or solicitor of not less than 5 years standing to consider a referral under Regulation 12 who shall, in relation to the referral, be called the “Fisheries Adjudicator”.

Referral to Fisheries Adjudicator

12.

(1) The holder of—

or

may, not later than 20 working days from the date of the notification of the determination of the Determination Panel, refer the determination of the Determination Panel to the Fisheries Adjudicator who shall adjudicate on the matter.

Points system to be term of Irish licence

13.

The points system under—

is a term of an Irish licence.

Offence — failure to inform potential future licence holder of assignment of points

14.

(1) The holder of a fishing licence who fails to comply with Article 128 of the Commission Regulation commits an offence and is liable, on summary conviction, to a class B fine.

Prohibition on fishing where fishing licence is withdrawn

15.

(1) The holder of a fishing licence that is suspended or permanently withdrawn in accordance with Article 129 of the Commission Regulation who fails to comply with Article 130(2) of that Regulation commits an offence and is liable—

commits an offence and is liable—

Prosecution of summary offences

16.

A prosecution for an offence under these Regulations may be brought summarily by the SFPA.

Service of notifications to fishing licence holders

17.

(1) A notification that is required to be served on or given to a holder of an Irish licence under these Regulations shall be addressed to the holder concerned by name, and may be so served on or given to the person in one of the following ways:

Fixed payment notice

18.

(1) Where an officer of the SFPA, authorised by the SFPA in that behalf, has reasonable grounds for believing that a person is committing or has committed an offence under Regulation 14, he or she may serve a notice in writing (“fixed payment notice”) on that person stating that—

Non-application of Part 3 of Act of 2003 to suspension or permanent withdrawal of Irish licence

19.

Part 3 of the Act of 2003 does not apply to the suspension or permanent withdrawal of an Irish licence under Article 129 of the Commission Regulation.

Revocation

20.

The European Union (Common Fisheries Policy) (Point System) Regulations 2014 ( S.I. No. 3 of 2014 ) are revoked.

GIVEN under my Official Seal,

1 March 2016.

SIMON COVENEY,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This instrument adopts the requirements of Article 92 of Council Regulation(EC) No. 1224/2009 of 20 November 2009 and Title VIl of Commission Implementing Regulation (EU) No. 404/2011 of 8 April 2011. In accordance with the regulations, this instrument establishes a point system, which will apply to the Licence Holder of a sea-fishing boat when a serious infringement of the Common Fisheries Policy is detected within the Exclusive Fishery Limits of the State or for an Irish vessel, wherever it may be. The Sea Fisheries Protection Authority is determined as the competent authority for the establishment of the system and the assignment of points. The Licensing Authority is the competent authority for the recording of points assigned to the licence of an Irish registered fishing vessel and for the transfer of those points.

This Statutory Instrument provides for the establishment of a Determination Panel comprised of a member of the SFPA, an independent legal professional and a serving member of the Naval Service to determine if on the balance of probabilities the infringement occurred and whether it is a serious infringement. The instrument also establishes an independent Fisheries Adjudicator to review the decision of the Determination Panel on the request of the licence holder.

The accumulation of points for persistent serious infringements of the Common Fisheries Policy will lead to the suspension of a sea fishing boat licence for a period from 2 months to one year. In extreme cases persistent serious fisheries infringements could lead to the permanent withdrawal of a licence.

Footnotes

1

OJ No. L 343, 22.12.2009, p.1

2

OJ No. L 112, 30.4.2011, p.1

3

OJ No. L 287, 31.10.2015, p.6

4

OJ No. L 286, 29.10.2008, p. 1

5

OJ No. L 274, 25.9.1986, p.1

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