{
  "url": "https://openlegislation.uk/eu-decision-2009-296/article-8",
  "json_url": "https://openlegislation.uk/eu-decision-2009-296/article-8.json",
  "legislation": "eudn/2009/296",
  "legislation_title": "Commission Decision of 25 March 2009 establishing a specific control and inspection programme related to the recovery of bluefin tuna in the eastern Atlantic and the Mediterranean (notified under document number C(2009) 2032) (2009/296/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-296",
  "path": "article/8",
  "kind": "article",
  "number": "8",
  "heading": "Infringements",
  "text": "1. Member States whose inspectors discover any infringement, while carrying out an inspection of the activities listed in Article 2, shall inform the following Parties of the date of inspection and the details of the infringement:\n(a) the relevant flag Member State and the Commission, and where appropriate;\n(b) the Member State where the farming installation or the enterprise engaged in the processing and/or trade of bluefin tuna products is established.\n2. When the Member State whose inspectors discovered the infringement does not take further action, the Member States informed under paragraph 1 shall take prompt action as appropriate to receive and consider the evidence of the infringement. They shall conduct any further investigation as necessary for the follow-up of the infringement.\n3. Member States whose inspectors observe an activity or condition that may constitute a serious infringement, as defined in Section I(1) of Annex VI to Council Regulation (EC) No 302/2009 , shall immediately notify the Commission who will then notify directly the authorities of the flag State fishing vessel, as well as the ICCAT Secretariat.\n4. In case a serious infringement, as defined in Section I(1) of Annex VI to Regulation (EC) No 302/2009, is discovered onboard a Community fishing vessel, the flag Member State shall ensure that, following the inspection, the fishing vessel flying its flag ceases all fishing activities. The flag Member State shall require the fishing vessel to proceed immediately to a port designated by it and where an investigation shall be initiated. If the fishing vessel is not called to port, the flag Member State shall provide due justification in a timely manner to the Commission. The Commission shall forward that information to the ICCAT Executive Secretariat, who shall make it available to other Contracting Parties.\n5. Member States shall cooperate to ensure that, if prosecution of an infringement is transferred to the Member State of registration in accordance with Article 86 of Council Regulation (EC) No 1224/2009 , the security and continuity of any evidence of the infringement cited by its inspectors is guaranteed in each case.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Commission Decision of 6 April 2010 amending Decision 2009/296/EC establishing a specific control and inspection programme related to the recovery of bluefin tuna in the Eastern Atlantic and the Mediterranean (notified under document C(2010) 2060) (2010/210/EU)."
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 96, 15.4.2009, p. 1 ."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "ОJ L 343, 22.12.2009, p. 1 ."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2009/296/article/8",
    "retrieved_at": "2026-11-01T15:16:32.171478+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}