The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order 2009

Control on movement E+W

5.—(1) An authorised officer may prohibit the movement of a consignment of fish or fishery products from the place of import while a verification takes place pursuant to Article 17 of the Council Regulation or Article 20 of the Commission Regulation.

(2) An authorised officer who has prohibited the movement of a consignment must, as soon as possible, give written notice to the importer or the person who appears to the officer to be in charge of the consignment.

(3) The notice must—

(a) specify the controlled consignment;

(b) state that it may not be moved without the written consent of an authorised officer under article 6;

(c) specify the relevant provision of the Council Regulation or Commission Regulation in respect of which the authorised officer has reason to believe that there has been a failure to comply; and

(d) specify what steps, if any, must be taken to demonstrate compliance with that provision, and within what time such steps must be taken.

(4) If the person to whom the authorised officer gives the notice does not appear to the officer to be the importer or an agent, contractor or employee of the importer, the authorised officer must take reasonable steps to bring the contents of the notice to the attention of such a person as soon as possible.

(5) Where—

(a) a verification has been completed, and

(b) any steps specified under paragraph (3)(d) have been fulfilled within the specified time frame,

the authorised officer must remove the prohibition on movement if satisfied that a breach of the Council Regulation or Commission Regulation has not taken place.