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

Admissibility of documents in evidenceE+W

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 [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;]

[F6(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].