Article 43 Immediate enforcement measures
United Kingdom
Where a natural person is suspected of having committed or is caught in the act while committing a serious infringement or a legal person is suspected of being held liable for such an infringement, F1a fisheries administration must start a full investigation of the infringement and, in conformity with F2applicable law and depending on the gravity of the infringement, take immediate enforcement measures such as in particular:
the immediate cessation of fishing activities;
the rerouting to port of the fishing vessel;
the rerouting of the transport vehicle to another location for inspection;
the ordering of a bond;
the seizure of fishing gear, catches or fisheries products;
the temporary immobilisation of the fishing vessel or transport vehicle concerned;
the suspension of the authorisation to fish.
The enforcement measures shall be of such nature as to prevent the continuation of the serious infringement concerned and to allow the competent authorities to complete its investigation.
Annotations
Textual amendments
- F1
Words in Art. 43(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(39)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 43(1) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 9(39)(b); 2020 c. 1, Sch. 5 para. 1(1)