PROFESSIONAL ORGANISATIONS (FISHERIES AND AQUACULTURE) REGULATIONS

PROFESSIONAL ORGANISATIONS

(FISHERIES AND AQUACULTURE)

SUBSIDIARY LEGISLATION 425.20

PROFESSIONAL ORGANISATIONS (FISHERIES AND

AQUACULTURE) REGULATIONS

21st January, 2025

LEGAL NOTICE 19 of 2025.

(1)

The title of these regulations is the Professional

Organisations (Fisheries and Aquaculture) Regulations.

(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.

(1)

In these regulations, unless the context otherwise

requires

"Act" means

the

Fisheries

Conservation

and

Management Act;

"European Union" and "EU" shall have the same

meaning as the "European Union" in the European Union Act;

"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.

(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

PROFESSIONAL ORGANISATIONS

(FISHERIES AND AQUACULTURE)

out the implementation of the provisions of Regulation (EU) No 1379/

2013 referred to in regulation 1(2).

(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.

(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 4.

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)

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.

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 6.

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

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 1379/2013.

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 1379/2013.