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

Admissibility of documents in evidence

21.—(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 kept under Article 6 or 17(2) of the Control Regulation;

(b) a declaration submitted under Article 8(1), 9, 12, 17(2) or 28f of the Control Regulation;

(c) a sales note or document submitted under Article 9 of the Control Regulation;

(d) a document drawn up under Article 13 of the Control Regulation;

(e) a document containing required information received by a fisheries monitoring centre established under Article 3(7) 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 Article 3(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 Council Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy(1).

(1)

OJ No L 261, 20.10.93, p1 as last amended by Council Regulation (EC) No 1006/2008 ( OJ No L 286, 29.10.2008, p 33).