S.L. 425.10 Art. 10Deletion of points. Points to be assigned three (3) 3 four (4) 3 five (5) 3 five (5) 3 five (5) 3 five (5) 3 seven (7) 3 No. 8 Fishing after (Article in 9 for (Article in 10 in and (Article in 11 with, having vessel (Article in 12 Use of a (Article in

(1) Where the holder of the fishing license or the Master of the vessel does not commit, within a period of three years from the date of the last serious infringement, another serious infringement, all points assigned to the fishing license or to the Master, or both shall be deleted.

(2) Where a fishing license or Master, or both, have been suspended in accordance with article 6, the points on the basis of which the fishing license or Master or both were suspended shall not be deleted and any new points assigned to the holder of the fishing license or to the Master of the vessel shall be added to the existing points for the purpose of article 6.

(3) Where points have been deleted in terms of sub-article (1), the holder of the fishing license and the Master of the vessel shall be considered as if there had been no suspension, and nor had points been attached to the fishing licence or the Master.

(4) Where the total amount of points assigned to the holder of a fishing license or the Master of a vessel, or both, exceeds two, two points shall be deleted where:

(a) the fishing vessel which has been used in committing the infringement for which points were assigned uses thereafter VMS or records and transmits thereafter fishing logbook, transshipment and landing declaration data electronically without having a legal obligation to do so; or

(b) the holder of the fishing license or the Master, or both, of the vessel volunteers after the assignment of the points to participate in a scientific campaign for the improvement of the selectivity of the fishing gear; or

(c) the holder of the fishing license is a member of a producer organization and the holder of the fishing license accepts a fishing plan adopted by the producer organization in the year following the assignment of points involving a reduction of 10% of the fishing opportunities for the holder of the fishing license; or

(d) the holder of the fishing license joins a fishery covered by an eco-labeling scheme that is designed to certify and promote labels for products from well-managed marine capture fisheries and focus on issues related to the sustainable use of fisheries resources:

Provided that for each three-year period since the date of the last serious infringement, the holder of a fishing license and the Master of the vessel, or both, may avail themselves of one of the options under paragraphs (a), (b), (c) or (d), to reduce the number of points assigned only once, and provided that such reduction does not lead to the deletion of all points on the fishing license.

(5) Where penalty points are deleted in accordance with sub-article (4), the Authority shall inform the holder of the fishing licence and the Master of the vessel of that deletion and of the number of penalty points which still remain assigned against the said license or to the Master of the vessel. SCHEDULE

POINTS TO BE ASSIGNED FOR SERIOUS INFRINGEMENTS No. Serious Infringement

1 Not fulfilling of obligations to record and report catch or catch related data, including data to be transmitted by satellite vessel monitoring system (Article 90 paragraph 1 of the Regulation (EC) No. 1224/2009 in conjunction with Article 42 paragraph 1(a) and Article paragraph 1(b) of Regulation (EC) No 1005/2008)

2 Use of prohibited or non-compliant gear according to EU legislation (Article 90 paragraph 1 of the Regulation (EC) No. 1224/2009 in conjunction with Article 42 paragraph 1(a) and Article paragraph 1(e) of Regulation (EC) No 1005/2008)

3 Falsification or concealing of markings, identity or registration (Article 90 paragraph 1 of the Regulation (EC) No. 1224/2009 in conjunction with Article 42 paragraph 1(a) and Article paragraph 1(f) of regulation (EC) No 1005/2008)

4 Concealing, tampering or disposal of evidence relating to an investigation (Article 90 paragraph 1 of the Regulation (EC) No. 1224/2009 in conjunction with Article 42 paragraph 1(a) and Article paragraph 1(g) of Regulation (EC) No 1005/2008)

5 Taking on board, transhipping or landing of undersized fish in contravention of the legislation in force (Article 90 paragraph 1 of the Regulation (EC) No. 1224/2009 in conjunction with Article 42 paragraph 1(a) and Article paragraph 1(i) of regulation (EC) No 1005/2008)

6 Carrying out of fishing activities in the area of a regional fisheries management organisation in a manner inconsistent with or in contravention of the conservation and management measures of that organisation (Article 90 paragraph 1 of the Regulation (EC) No. 1224/2009 in conjunction with Article 42 paragraph 1(a) and Article paragraph 1(k) of Regulation (EC) No 1005/2008)

7 Fishing without a valid licence, authorization or permit issued by the flag State or the relevant coastal State (Article 90 paragraph 1 of the Regulation (EC) No. 1224/2009 in conjunction with Article 42 paragraph 1(a) and Article paragraph 1(a) of Regulation (EC) No 1005/2008) Serious Infringement Points to be assigned in a closed area or during a closed season, without or six (6) attainment of a quota or beyond a closed depth 90 paragraph 1 of the Regulation (EC) No. 1224/2009 conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(c) of regulation (EC) No 1005/2008)

Directed fishing for a stock which is subject to a moratorium or seven (7) which fishing is prohibited 90 paragraph 1 of the Regulation (EC) No. 1224/2009 conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(d) of Regulation (EC) No 1005/2008)

Obstruction of work of officials in the exercise of their duties seven (7) inspecting for compliance with the applicable conservation management measures or the work of observers in the exercise of their duties of observing compliance with the applicable European Union rules 90 paragraph 1 of the Regulation (EC) No. 1224/2009 conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(h) of Regulation (EC) No 1005/2008)

Transhipping to or participating in joint fishing operations seven (7) support or re-supply of fishing vessels identified as engaged in IUU fishing under Regulation (EC) No 1005/2008, in particular those included in the Union IUU list or in the IUU vessel list of a regional fisheries management organisation 90 paragraph 1 of the Regulation (EC) No. 1224/2009 conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(j) of regulation (EC) No 1005/2008)

a fishing vessel with no nationality and that is therefore seven (7) stateless vessel in accordance with international law 90 paragraph 1 of the Regulation (EC) No. 1224/2009 conjunction with Article 42 paragraph 1(a) and Article 3 paragraph 1(l) of regulation (EC) No 1005/2008)