IMPORTATION OF SKINS OF CERTAIN SEAL PUPS AND DERIVED PRODUCTS REGULATIONS

IMPORTATION OF SKINS OF

CERTAIN SEAL PUPS AND DERIVED PRODUCTS

SUBSIDIARY LEGISLATION 549.20

IMPORTATION OF SKINS OF CERTAIN SEAL

PUPS AND DERIVED PRODUCTS

REGULATIONS

1st March, 2002

LEGAL NOTICE 335 of 2001, as amended by Legal Notice 426 of 2007.

The title of these regulations is the Importation of Skins of

Certain Seal Pups and Derived Products Regulations.

These regulations concern the prohibition of the

importation of skins of certain seal pups and products derived

therefrom which are listed in the Annex.

For the purpose of these regulations and unless the context

otherwise requires

"competent authority" means the Department for Environment

Protection under the guidance of the Director for Environment

Protection and such other body or person as the Minister

responsible for the environment may by order in the Gazette

prescribe, and different bodies or persons may be designated as a

competent authority for different provisions and different purposes

of these regulations.

The competent authority is the authority responsible for the

administration and the implementation of these regulations.

The importation of the products specified in Annex 1 is

prohibited

Provided that the prohibition does not apply to products

resulting from traditional hunting by the Inuit people.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision of these

zegulations or with any order lawfully given in terms

of any provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising,

counselling or procurement to contravene the

provisions of these regulation or to fail to comply with

any such provisions, including any order lawfully

given in terms of any of the provision of these

regulations, or to contravene any restriction,

prohibition or requirement imposed by or under the

IMPORTATION OF SKINS OF

CERTAIN SEAL PUPS AND DERIVED PRODUCTS

said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69) but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37) per specimen;

(b) on a second or subsequent convictions, to a fine

(multa) of not less than wo thousand and three hundred

and twenty-nine euro and thirty-seven cents

(€2,329.37), but not exceeding twenty-three thousand

and two hundred and ninety-three euro and seventy-

three cents (€23,293.73) per specimen, or to

imprisonment for a term not exceeding two years, or to

both such fine and imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, is held

liable in the same manner and degree

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the public entities

and, or other persons acting on their behalf involved in the

implementation of these regulations and for the restitution of the

environment as a result of the said offence, and shall moreover

order the revocation of the permit issued by the police and the

confiscation of the corpus delicti.

(1) The provisions of articles 23 and 30(1) of the Criminal

Code shall, mutatis mutandis, apply to proceedings in respect of

offences against these regulations, so however that the

disqualification from holding or obtain a licence, permit or

authority shall in no case be for less than one year.

(2) Nothwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these

regulations shall be taken before the Court of Magistrates (Malta)

or the Court of Magistrates (Gozo), as the case may be, and shall be

in accordance with the provisions of the Criminal Code regulating

the procedure before the said courts as courts of criminal

judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect

of proceedings for any offence against these regulations.

Annex I is being published in the English language with

the English text of these regulations.

IMPORTATION OF SKINS OF

CERTAIN SEAL PUPS AND DERIVED PRODUCTS

ANNEX I

Description

1. Raw fur skins and fur skin , tanned or dressed, including fur skins assembled

in plates, crosses or similar forms

-

of whitecoat pups of harp seals

-

of pups of hooded seals (blue-backs)

2. Articles of the fur skins referred to in 1