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Article 21 Admissibility of documents in evidence

England and Wales

(1)

In any proceedings in respect of an offence under this Order or an equivalent provision, a document specified in paragraph (2) is evidence of the matters stated in that document.

(2)

The documents are—

(a)

a logbook F1referred to in Article 14 of the Control Regulation;

(b)

F2a landing declaration referred to in Article 23 of the Control Regulation;

(c)

a sales note or document F3referred to in Articles 62 and 64 of the Control Regulation;

(d)

a F4transport document referred to in Article 68 of the Control Regulation;

(e)

a document containing required information received by a fisheries monitoring centre established under F5Article 9(7) of the Control Regulation.

F6(f)

a transhipment declaration referred to in Article 21 of the Control Regulation;

(g)

a take-over declaration referred to in Article 66 of the Control Regulation.

(3)

In paragraph (2)(e), “required information” means the following information as communicated via a satellite-based vessel monitoring system established under F7Article 9(1) of the Control Regulation—

(a)

the identification of a fishing boat;

(b)

its course and speed;

(c)

its most recent geographical position expressed in degrees and minutes of longitude and latitude; and

(d)

the date and time of the fixing of that position.

(4)

Terms used in this article that are also used in the Control Regulation have the meaning they bear in that Regulation.

(5)

In this article, any reference to the Control Regulation is a reference to that Regulation as amended from time to time.

(6)

In this article “the Control Regulation” means F8Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

Annotations

Textual amendments

F1

Words in art. 21(2)(a) substituted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 7(2)(a)

F2

Words in art. 21(2)(b) substituted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 7(2)(b)

F3

Words in art. 21(2)(c) substituted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 7(2)(c)

F4

Words in art. 21(2)(d) substituted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 7(2)(d)

F5

Words in art. 21(2)(e) substituted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 7(2)(e)

F6

Art. 21(2)(f)(g) inserted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 7(2)(f)

F7

Words in art. 21(3) substituted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 7(3)

F8

Words in art. 21(6) substituted (18.6.2018) by The Sea Fishing (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/643), regs. 1(1), 7(4)