European Union (Common Fisheries Policy) (Point System) Regulations 2020.

• Statutory Instrument No.: 318/2020
• Published date: 28 August 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th August, 2020.

1. Citation 2. Application 3. Interpretation 4. Competent authorities 5. Determination Panel 6. Notification of an alleged serious infringement 7. Proposal to assign points by SFPA 8. Matters relating to points assigned 9. Recording of points by Licensing Authority 10. Points assigned attach to fishing capacity 11. Appeals Officer 12. Appeal to the Appeals Officer 13. Points system to be term of Irish licence 14. Offence — failure to inform potential future licence holder of assignment of points 15. Prohibition on fishing where fishing licence is withdrawn 16. Prosecution of summary offences 17. Service of notifications to fishing licence holders 18. Matters relating to oral hearings 19. Fixed payment notice 20. Non-application of Part 3 of Act of 2003 to suspension or permanent withdrawal of Irish licence 21. Revocation

I, Micheál Martin, 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 purpose of giving effect to Article 92 of Council Regulation (EC) No 1224/2009 of 20 November 20091 (as amended by Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 20152 ) and Title VII of Commission Implementing Regulation (EU) No 404/2011 of 8 April 20113 (as amended by Commission Implementing Regulation (EU) 2015/1962 of 28 October 20154 and Commission Implementing Regulation (EU) 2020/30 of 14 January 20205 ), hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Union (Common Fisheries Policy) (Point System) Regulations 2020.

Application

2. These Regulations apply to serious infringements of the rules of the Common Fisheries Policy as defined in Annex XXX of the Commission Regulation which occur on or after the date the Determination Panel is established by the SFPA, notice of which shall be published in a newspaper published and circulating in the State.

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);

“Appeals Officer” shall be construed in accordance with Regulation 11;

“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 and Commission Implementing Regulation (EU) 2020/30 of 14 January 2020;

“Control Regulation” means Council Regulation (EC) No 1224/2009 of 20 November 2009 as amended by Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 20136 , Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 20137 , Council Regulation (EU) No 1385/2013 of 17 December 20138 , Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 20149 , Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015, Regulation (EU) 2019/473 of the European Parliament and of the Council of 19 March 201910 and Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 201911 ;

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

“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 Regulation (EU) 2017/1130 of the European Parliament and of the Council of 14 June 201712 ;

“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;

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

“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;

“IUU Regulation” means Council Regulation (EC) No 1005/2008 of 29 September 200813 as amended by Commission Regulation (EC) No 1010/2009 of 22 October 200914 , Commission Regulation (EU) No 86/2010 of 29 January 201015 and Commission Regulation (EU) No 202/2011 of 1 March 201116 ;

“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;

“report” includes an inspection report, a surveillance report, a report of control data or material collected by a sea-fisheries protection officer in the exercise of his or her powers under section 17 or 18 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;

“SFPA” means Sea Fisheries Protection Authority.

(2) A word or expression that is used in the Control Regulation, the Commission Regulation or the IUU Regulation and is also used in these Regulations, has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Control Regulation, the Commission Regulation or the IUU Regulation, as the case may be.

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.

(2) The Licensing Authority is designated as the competent authority in the State for the purposes of Article 125(c) and (d) 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 a serious infringement, as described in Annex XXX of the Commission Regulation, has occurred.

(2) The Determination Panel shall consist of 3 members, who shall be appointed by the SFPA.

(3) The Determination Panel shall arrange its own business as it sees fit and hold meetings as may be necessary for the due execution of its functions.

(4) A decision of the Determination Panel shall be by simple majority.

(5) The SFPA shall appoint, on such terms and conditions as are specified in writing, to the Determination Panel 3 independent legal professionals nominated by the Attorney General.

(6) A member of the Determination Panel shall—

(a) hold office for a term of 2 years and shall be eligible for re-appointment as such a member,

(b) subject to these Regulations, be independent in the performance of his or her functions, and

(c) be paid such remuneration, and allowances for expenses, as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine from time to time.

(7) The Determination Panel shall, if so requested by the licence holder, hold an oral hearing for the purposes of the determination.

(8) A request by a party for any oral hearing shall be made in writing to the Determination Panel within 30 working days from the date of the notification referred to in Regulation 6(6).

(9) An oral hearing shall not be held if the request is received later than 30 working days from the date of the notification referred to in Regulation 6(6).

(10) A member of the Determination Panel may—

(a) resign from office by letter addressed to the SFPA and the resignation shall take effect on the date on which the SFPA receives the letter, or

(b) be removed from office by the SFPA where in the opinion of the SFPA, the Member of the Determination Panel—

(i) has become incapable through ill-health of effectively performing his or her functions under these Regulations, or

(ii) has committed stated misbehaviour.

(11) The number of days specified in Regulation 6(9) shall be extended by the number of days that a post of the Determination Panel is vacant.

(12) The Determination Panel shall, at such intervals and in relation to such periods as are specified in writing by the Minister, submit a performance-report in writing to the Minister in relation to the performance of its functions as a Determination Panel under these Regulations during the period to which the performance-report relates.

(13) A member of the Determination Panel shall be entitled to an indemnity in respect of proceedings taken against him or her in respect of acts done or omissions made in good faith in his or her official capacity under these Regulations.

(14) The SFPA shall provide all reasonable facilities and services as may be required by the Determination Panel for the performance of its functions.

Notification of an alleged serious infringement

6. (1) Where an Official detects an alleged serious infringement—

(a) involving an Irish sea-fishing boat, wherever the boat may be, or

(b) involving a foreign fishing vessel, in the exclusive fishery limits of the State (within the meaning of section 88 of the Act of 2006)

he or she shall prepare a report and forward it to the SFPA.

(2) The SFPA shall send the report and any material collected to the Determination Panel to determine if a serious infringement has occurred.

(3) A report prepared and any material collected by an...