L.S. 425.20 Regolamenti dwar l-Organizzazzjonijiet Professjonali (Sajd u Akkwakultura)

(1)The title of these regulations is the Professional Organisations (Fisheries and Aquaculture) Regulations. Citation and scope.

(2)The scope of these regulations is to implement the requirements of Chapter II of Regulation (EU) No 1379/2013 regarding professional organisations, of whatever kind these may be, but limitedly to those as mentioned and provided for in Articles 6 to 32 of Regulation (EU) No 1379/2013 and in these regulations. 2. requires:

(1)In these regulations, unless the context otherwise "Act" means Management Act; the Fisheries Conservation Interpretation. and Cap.

1. "European Union" and "EU" shall have the same meaning as the "European Union" in the European Union Act;  Cap.
2. "legal form" means the various types of bodies the registration and, or recognition of which as applicable under Maltese law provides them with a separate and distinct legal personality and allows them to operate commercially; and "Regulation (EU) No 1379/2013" means Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/ 2009 and repealing Council Regulation (EC) No 104/2000, as in force from time to time.

(2)Save as otherwise provided in these regulations, the definitions applicable according to the Act and the definitions applicable according to Regulation (EU) No 1379/2013 shall apply to these regulations, and in case of conflict the definitions applicable according to Regulation (EU) No 1379/2013 shall prevail. 3.

(1)The Director shall be the competent national authority in Malta to implement the provisions of Regulation (EU) No 1379/2013 referred to in regulation 1

(2).

(2)The Director additionally to the powers granted to him in accordance with the Act, shall also have the powers necessary to carry Competent national authority. 2 [ S.L. 425.20 PROFESSIONAL ORGANISATIONS (FISHERIES AND AQUACULTURE) out the implementation of the provisions of Regulation (EU) No 1379/ 2013 referred to in regulation 1

(2). Recognition of Professional Organisations in Malta. 4.

(1)The Director shall keep a register of professional organisations as recognised by him in Malta in accordance with Regulation (EU) No 1379/2013.

(2)The Director shall only recognise professional organisations that operate with respect to the objectives, principles and measures as set out in Regulation (EU) No 1379/2013, and he may carry out audits and withdraw the recognition if any professional organisation does not respect such mentioned objectives, principles and measures, and particularly if Article 18 of Regulation (EU) No 1379/ 2013 applies: Provided that all members of a professional organisation recognised according to these regulations shall at all times be licensed or otherwise authorised to operate in the fisheries and, or aquaculture sector according to the Act.

(3)Without prejudice to other obligations and requisites required for recognition, a professional organisation shall be registered according to a legal form applicable under Maltese law: Provided that without prejudice to the foregoing, the legal forms required for the recognition of professional organisations shall be such as to provide them with a separate and distinct legal personality to that of their members and the legal form adopted shall allow the professional organisation to operate commercially: Provided further that professional organisations shall at all times comply with all applicable obligations required for their chosen legal form, and this in addition to those required by these regulations, and failure to comply may lead to the suspension of recognition by the Director. Production and marketing plans. 5.

(1)The Director shall apply the provisions of Article 28 of Regulation (EU) No 1379/2013 as regards production and marketing plans.

(2)The Director shall ensure that producer organisations comply at all times with their obligations in accordance with Article 28 of Regulation (EU) No. 1379/2013, failing which he may withdraw the recognition granted according to regulation

1. Enforcement powers.
2. For the purposes of these regulations, the Director and fisheries protection officers may, mutatis mutandis, apply all powers conferred upon them according to articles 19 to 22 of the Act: Provided that under this regulation those powers do not require the suspicion of an offence in order to apply and for the PROFESSIONAL ORGANISATIONS (FISHERIES AND AQUACULTURE) [ S.L. 425.20 3 purposes of these regulations they shall only apply for control and verification purposes in relation to the recognition granted or that may be granted to professional organisations: Provided further that all powers exercised according to this regulation shall only affect the recognition of professional organisations.
3. The Director shall ensure that the European Commission is granted due access to the information in relation to its requests in the ambit of the exercise of its powers in accordance with Article 20 of Regulation (EU) No. 1379/2013, and for that purpose he shall ensure that if necessary it shall be assisted using the powers mentioned in regulation
4. Access to data.
5. The Director may, by notice in the Gazette, extend the applicability of the rules as provided in Articles 22 and 23 of Regulation (EU) No. 1379/2013, after obtaining the necessary authorization by the European Commission according to Article 25 of Regulation (EU) No 1379/2013: Extension of rules. Provided that the Director shall immediately stop any such extension when Malta is informed by the European Commission of the withdrawal of the authorisation in accordance with Article 26 of Regulation (EU) No 1379/
7. The Director shall set the trigger prices by means of a notice in the Gazette in accordance with Articles 30 and 31 of Regulation (EU) No 1379/
8. Trigger prices of the storage mechanism.