S.L. 425.17 Art. 10Attribution and deletion of penalty points.

(1) The Director shall attribute penalty points to the holders of a fishing licence in accordance with Annex XXX of

Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, as in force from time to time:

Provided that the same penalty points shall be applied also against the relevant master:

Provided further that the Director shall also attribute three

(3) penalty points against the holder of a fishing licence and the relevant master, for any serious offence according to these regulations which is not listed in the aforesaid Annex XXX.

(2) Save as otherwise provided in Schedule IV, the Director shall attribute the penalty points prescribed according to Schedule IV to the holders of an aquaculture permit and to the owners of an aquaculture establishment:

Provided that said penalty points shall only apply to activities related to bluefin tuna.

(3) Whenever another Member State of the European Union notifies Malta in accordance with Article 89(4) of the Control Regulation, the Director shall attribute the applicable penalty points against the holders of a fishing licence and the masters of a fishing vessel in accordance with these regulations:

Provided that when a serious infringement falls under Malta’s jurisdiction, and penalty points would be applicable against that foreign flagged vessel and, or against a foreign citizen, the flag or citizenship of which pertains to a Member State of the European Union, the Director shall notify the competent authorities of that Member State in accordance with Article 89(4) of the Control Regulation.

(4) The Director shall inform in writing those against whom an attribution of points has been made and, or those against whom a measure is taken according to regulation 11.

(5) The Director shall delete all penalty points registered against any person if within a period of three (3) years from the last attribution of penalty points no other penalty points have been assigned against that person.

(6) The Director shall delete two (2) penalty points assigned against a holder of a fishing licence if said holder had been assigned three (3) points or more when such deletion becomes applicable, if:

(a) after the assignment of penalty points, the affected fishing vessel uses VMS or electronically records and transmits fishing logbook, transhipment and landing declaration data without having a legal obligation to do so; or

(b) the holder of the fishing license 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 licence is a member of a producer organisation and the holder of the fishing license accepts a fishing plan adopted by the producer organisation in the year following the assignment of points involving a reduction of ten per cent (10%) of the fishing opportunities for the holder of the fishing license; or

(d) the holder of the fishing licence subsequently joins a fishery covered by an eco-labelling 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.

(7) Any involvement in one of the scenarios provided under sub-regulation (6) for the purpose of deleting penalty points shall be subject to the prior approval of the Director and to the conditions he may deem fit to impose for such purpose.

(8) In any three year period and for any particular holder of a fishing licence, the Director shall delete no more than two (2) penalty points according to sub-regulation (6).

(9) The Director shall inform the holder of the fishing licence of any deletion according to sub-regulation (6) and of the remaining penalty points attributed to him.