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Fisheries Offences

Dáil Éireann Debate, Wednesday - 15 April 2015

Wednesday, 15 April 2015

Ceisteanna (292)

Martin Ferris

Ceist:

292. Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the number of non-Irish vessels that have received penalty points in Irish waters in 2014 and from January to March 2015. [14590/15]

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Freagraí scríofa

The imposition of points for the licence holder of a vessel involved in a serious infringement of the CFP is set out in Article 92 of Council regulation (EC) 1224/2009 and the detailed rules for its implementation are set out in Commission Regulation (EC) 404/2011. These regulations are given effect in S.I. No. 3 of 2014 European Union (Common Fisheries Policy) (Point System) Regulations 2014. Article 126(1) of 404/2011 places the obligation on the Flag Member State of the vessel to assign the points to the licence holder as a result of a serious infringement.

The procedure for vessels held liable for an infringement in the waters of another Member State are set out in Article 126(5) of 404/2011, the implementing rules, which states that the competent authorities of the flag Member State shall assign the points upon notification under Article 89(4) of the Control Regulation. The operation of these articles in the context of S.I. No. 3 of 2014 allows for the foreign licence holder to utilise the appeals mechanism in Ireland, however if found liable for the infringement, the SFPA will notify the competent authorities in the flag Member State of the infringement.

As operational issues in relation to sea fisheries control are a matter for the Sea Fisheries Protection Authority (SFPA). I have asked the SFPA to respond directly to the Deputy with details of the notifications under Article 89(4) sent to other Member States for the period.

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