Cap. 425 чл. 33Administrative proceedings.

(1) If the Director has reasonable cause to believe that an infringement against this Act or any subsidiary legislation made thereunder has been committed by any person he may cause a notice in writing in accordance with sub-article (2) to be served on that person.

(2) A notice in accordance with sub-article (1) shall specify and provide:

(a) the date or time periods during which the alleged infringement took place, and the nature thereof;

(b) the provisions of the law which were or are allegedly being breached;

(c) a summary of the facts upon which the allegation that the infringement was or infringements were committed is based, being sufficiently detailed to inform the person of the allegation against him;

(d) any other matters that the Director considers relevant to the imposition of a penalty;

(e) the amount of the penalty due, being not less than fifty euro (€50) and not more than sixty thousand euro (€60,000);

(f) if it so appears reasonable to the Director and without prejudice to any other provision of the law, the security to be given for the fish or the forfeiture of the proceeds of the sale thereof in accordance with article 22A, as mutatis mutandis well as a seizure and confiscation order in favour of the Director of any fishing implement or any other thing related to the infringement or obtained through it; and

(g) if it so appears reasonable to the Director, and without prejudice to any other provision of the law, a temporary immobilisation order against the fishing vessel and, or the suspension for a time period as may be specified of any licence, and, or permit or other type of authorisation given in accordance with the provisions of this Act or any subsidiary legislation made thereunder, and the notice shall include a declaration that such notice is being issued under this article.

(3) Any person on whom a notice under sub-article (1) is served may, within thirty (30) days after such service, by notice in writing served on the Director require that proceedings in respect of the alleged infringement shall be dealt with by the Court, in which case the following provisions shall apply:

(a) no further administrative proceedings relating to that particular infringement shall be taken under this article by the Director; and

(b) nothing in this article shall be construed as preventing the institution of any proceedings in respect of the alleged infringement or the conviction of that person by the court or, following such conviction, the imposition of any punishment or other enforcement or complementary measures under this Act or any subsidiary legislation made thereunder upon such conviction.

(4) Any person on whom a notice under sub-article (1) is served, who does not wish that proceedings in respect of the alleged infringement shall be dealt with by the court may by notice in writing served on the Director:

(a) admit the infringement; and

(b) agree in writing to pay to the Director the amount of the penalty set by the Director:

Provided that payment should be effected in full within thirty (30) days after the notice of the penalty is served, and in case of default the provisions of sub-article (6) shall apply.

(5) Where a person admits an infringement pursuant to the preceding sub-article, the Director shall impose an administrative penalty on that person in respect of the infringement and in determining the amount of the penalty which is to be imposed, the Director shall also take into account the following criteria, as applicable:

(a) the nature and the extent of the damage caused to fishing resources and the marine environment;

(b) the objective circumstances in which the infringement was committed; and

(c) the economic situation of the offender.

(6) Any penalty imposed under sub-article (5) shall be due as a civil debt enforceable by the competent court of civil jurisdiction in favour of the Government and it shall constitute an executive title according to law in the same manner as if it were a judgement of the competent court of civil jurisdiction.

(7) Notwithstanding any other provision of this Act or any legislation made thereunder, where an infringement has been admitted under this article and the relevant penalty has been paid, no criminal proceedings may be instituted in respect of the same infringement against the person by whom it has been admitted.

(8) Where a person on whom a notice under sub-article (1) is served does not, within thirty (30) days after the notice is served on him, admit the infringement and agree in writing to pay the penalty notified to him by the Director in accordance with sub-article (4), the Director shall institute proceedings or cause proceedings to be instituted before the Court in respect of the alleged infringement.

(9) The provisions of this article shall not apply to any offence in respect of which criminal proceedings have already been instituted.

(10) The Director shall personally and independently exercise his powers under this article, and in the exercise of such powers he shall not be subject to the direction or control of any other person or authority.