MARINE FISHERIES ACT

I. GENERAL PROVISIONS

Article 1(contents of the Act)

(1) This Act lays down goals and measures in marine fishery(hereinafter:fishery) and regulates the management of fishery resources, access to fishery resources, public services and funding in fishery, marketing of fishery products, organisations in fishery, and monitoring of the implementation of this Act.(2) The provisions of this Act regulating marketing of fishery products and organisations in fishery shall also apply to the aquaculture in inland waters and to international trade with fishery products with reference to commercial fishing in foreign inland waters.

Article 2(purpose and goals of the Act)

(1) The purpose of this Act is managing in fishery, establish the sustainable management offishery resources, the formation of a market policy, determination of public service in fishery and frameworks of financial supportin fishery, and the monitoring in fishery for the purpose of the sustainable exploitation of fishery resources.(2) The principal goals in fishery according to this Act shall be as follows:- securing the sustainable management of fishery resources;- determining technical measures for the conservation of fishery resources;- ensuring that non-commercial activities do not endanger the conservation and management of fishery resources;- encouraging the competitive capacities in fishery;- carrying out expert tasks in fishery;- promoting the organising of producer organisations in fishery;- establishing and applying information systems in fishery;- laying down provisions for the common organisation of the market in fishery and inland aquaculture.

Article 3(use of databases)

(1) For the purposes of the implementation of this Act, the ministry responsible for fishery(hereinafter: Ministry) may acquire and use data kept in the form of databases by state bodies, public institutions and agencies, concession holders and other authorised bodies. This data shall relate to:- statistical databases in fishery;- veterinary data in fishery;- environmental data relating to fishery;- business register of Slovenia;- other data in fishery.

(2) The managers of the databases shall provide data to the Ministry free of charge; they may, however, charge for direct material costs incurred through additional copies.(3) Data referred to in the first paragraph of this Article of a personal nature shall be provided by database managers in accordance with personal data protection regulations.(4) The Ministry may provide data contained in their databases and data referred to in the first paragraph of this Article, including personal data, to public services to the extent necessary for the performance of public services in accordance with this Act.

Article 4(definition of terms)

The terms used in this Act shall have the following meanings:

Total allowable catch is an internationally set maximum quantity of fish and other aquatic organisms permitted to be caught in the course of the fishing year.

Evidence of fishing permits is a database of all fishing permits and special fishing permits issued, sorted by entities carrying out by activities and fishing vessel.

Isobath is a line on a map connecting points of equal water depth.

Monitoring of fishery resources is the monitoring of stocks of fish and other marine organisms.

National fishing quota is an internationally set share of the total allowable catch allocated to the Republic of Slovenia.

One nautical mile equals 1,852 metres.

Juvenile fish and other juvenile marine organisms are those whose development stage has not yet reached sexual maturity (hereinafter: juvenile fish).

Surrounding net is a fishing tool used to catch fish by means of surrounding them.

Seine net is a fishing tool used to catch fish by means of pulling.

Fish and fishery products are organisms in fishery caught in or gathered from the sea, and organisms from aquaculture intended for placement on the market.

Fishing equipment is equipment used for sports and recreational fishing.

Fishing vessel is a vessel intended and equipped for commercial fishing.

Aquaculture is the breeding of aquatic organisms intended for placement on the market, with the exception of trade for the purposes of repopulation.

Fishing is the catching and gathering of marine organisms.

Fishing quota is a share of the national fishing quota allocated to an organisation of fishermen, a fisherman or a vessel.

Fishing effort is the effort invested in fishing. It is determined by the capacity of fishing vessels, fishing gears and time of fishing.

Fishing reserve is an area designated for the protection of fishery resources and for aquaculture.Fishery resources are all marine organisms – fish, crustacea, molluscs and other aquatic fauna and flora – actually or potentially accessible in fishery.

Fishing year is the same as the calendar year and lasts from 1 January to 31 December.

Fishing area is an area of the sea where fishing is permitted. It consists of the internal waters and territorial waters of the Republic of Slovenia, with the exception of areas in which fishing is not permitted in accordance with this Act or with other regulations, and open international sea waters.

Fishing tool is a tool that directly enables commercial fishing (especially all kinds of net, longline, pot, etc.).

Dredge is a fishing tool used primarily for gathering shells and snails by means of tilling and dredging of the sea bed (all kinds of dredge, e.g. rampons).

Towed net is a fishing tool used to catch fish by means of the dragging of this net (all kinds of trawl).

Third country is any non-EU member state.

II. MANAGEMENT OF FISHERY RESOURCES

Article 5

(1) The management of fishery resources is a method of managing these resources with the aim of exploiting them in a sustainable manner and preserving them, coordinating research in fishery and widening knowledge in the field.(2) For the management of fishery resources, the Government of the Republic of Slovenia (hereinafter: Government) shall adopt the Fisheries Development Programme.(3) The Fisheries Development Programme shall include the following in particular:- the situation and an evaluation of the situation in fishery;- the state of fishery resources;- the strategy and goals for the achievement of the optimum exploitation of fishery resources that will ensure their preservation, the strengthening of competitive in fishery , the improvement of supply in the market with fish and fishery products, an increase in the added value of fish and fishery products, and the development of the fishing fleet;- structural and other measures for the realisation of the goals referred to in the preceding indent, including the determination of effects;- the planned funding or co-funding of structural and other measures from the national budget;- a financial plan for the implementation of the Fishing Development Programme. (4) The Fisheries Development Programme shall be drawn up to cover a six-year period.

Article 6(technical measures for the exploitation of fishery resources)

(1) Fishing gears and fishing equipment used for fishing must fulfil the prescribed technical conditions in relation to size, shape and materials. They may only be used in the prescribed manner.(2) More precise conditions and method of use from the preceding paragraph shall be prescribed by the minister responsible for fishery(hereinafter: Minister), in agreement with the minister responsible for nature conservation.(3) In order to prevent the excessive exploitation of fishery resources, the Minister may prescribe additional technical measures for fishing on the basis of the monitoring of fishery resources.

Article 7(prohibited equipment and fishing gears)

(1) The following may not be carried on board or used for fishing: - toxic substances;- equipment for stunning;- corrosive substances;- electric shock generators;- explosive substances.(2) The use of St Andrew’s crosses and similar towed gear for gathering corals, as well as pneumatic hammers for gathering marine organisms, shall be prohibited.(3) In order to protect the seabed structure and fishery resources, the use of all types of dredge in the internal waters and territorial waters of the Republic of Slovenia shall be prohibited. (4) Notwithstanding the provision of the preceding paragraph, the Minister may, on the basis of a decision, permit the use of dredges for scientific, research and educational purposes. Such a decision shall be issued after the acquisition of an expert opinion provided by a public service carrying out the monitoring of fishery resources in accordance with this Act.(5) Notwithstanding the provision of the third paragraph of this Article, the Minister may, on the basis of a decision, permit the use of dredges in the internal waters and territorial waters of the Republic of Slovenia in the event of the exceptional mass appearance of shells caused by the mass extinction of various biocenoses inhabiting the seabed.

(6) The use of surrounding nets and seine nets from a fishing vessel in a way that enables fishing from the shore shall be prohibited.(7) Notwithstanding the provision of the preceding paragraph, the Minister may permit the use of such nets after the acquisition of an expert opinion from a performer of public service carrying out the monitoring of fishery resources in accordance with this Act confirming that such nets cannot cause damage to fishery resources.(8) The use of any type of device enabling underwater breathing shall be prohibited in commercial, sports and recreational fishing.

Article 8(permitted fishing gears)

Only those fishing gears listed in a commercial fishing permit or in a special commercial fishing permit for an individual fishing vessel shall be used.

Article 9(protection of juvenile fish)

(1) Intentional fishing for juvenile fish shall be prohibited.(2) Notwithstanding the preceding paragraph, the Minister may, in agreement with the minister responsible for nature conservation, exceptionally permit the catching of a specified quantity of juvenile fish for the purposes of aquaculture, in a specified area, for a specified period and using specified fishing gears.(3) The Minister shall prescribe juvenile fish from the first paragraph of this Article.(4) In order to protect juvenile fish, the Minister may prescribe additional characteristics for fishing gears and additional space- and time-related fishing restrictions for individual species of fish, and other additional fishing conditions.

Space- and time-related fishing restrictions

Article 10

(1) In order to protect fishery resources from excessive exploitation and encourage their optimal exploitation, the Minister may permanently or temporarily prohibit or restrict fishing or an individual form of fishing in a certain area. (2) Regardless of the of trawl method, the use of trawls shall be prohibited within an offshore belt of three nautical miles or within a 50 m isobath zone, where greater depths are reached at shorter distances.(3) Notwithstanding the provision of the preceding paragraph, the Minister may, on the basis of an expert opinion provided by a performer of a public service carrying out the monitoring of fishery resources in accordance with this Act, permit the use of trawls, provided such use has no negative effect on fishery resources.(4) Fishing with trawls above Posidonian beds shall be prohibited.(5) The use of surrounding nets within a 300 m offshore belt or within a 30 m isobath, where greater depths are reached at shorter distances, shall be prohibited.

Article 11(good fishing practice)

(1) Fishing with trawls less than 200 m from stagnant nets marked in accordance with regulations shall be prohibited.(2) Fishing less than 300 m from a fishing vessel that is using a fishing light or a surrounding net shall be prohibited.(3) A fishing vessel engaged in commercial fishing shall have right of way over a vessel engaged in sports or recreational fishing.

Article 12(fishing reserves)

(1) Two fishing reserves have been established for the protection of fishery resources and for aquaculture: - the Portorož fishing reserve, consisting of the inner part of the Bay of Piran and the appurtenant saltpans;- the Strunjan fishing reserve, consisting of the shoreline waters along Cape Strunjan and the inner part of the Bay of Strunjan with the appurtenant lagoon and saltpans.(2) The borders of both reserves from the preceding paragraph shall be determined by the Government.(3) Commercial fishing in the fishing reserves referred to in the first paragraph of this Act shall be prohibited.(4) Notwithstanding the provision of the preceding paragraph, the Minister may permit commercial fishing in a fishing reserve in the event of the appearance of winter flocks of fish.(5) The time period, conditions and methods of fishing from the preceding paragraph shall be determined by the Minister in the special commercial fishing permit.(6) Non-commercial fishing in a fishing reserve, with the exception of sports and recreational fishing from the shore, shall be prohibited.(7) Notwithstanding the provision of the preceding paragraph, sports and recreational fishing from the shore shall also be prohibited during the permitted commercial fishing of winter stocks of fish.(8) Notwithstanding the provision of the sixth paragraph of this Article, the Minister may permit the non-commercial fishing referred to in the first, second and third indents of the first paragraph of Article 27 of this Act, taking into consideration nature conservation regulations.(9) Navigation by fishing vessels in fishing reserves without a special commercial fishing permit shall be prohibited.

Fishing vessels

Article 13(characteristics of fishing vessels)

(1) Commercial fishing shall only be permitted using fishing vessels.(2) Maritime regulations shall be used for determining the technical and other characteristics of fishing vessels.

Article 14(fishing vessels register )

(1) A holder of a commercial fishing permit, whether a legal or natural person, shall be required to register, immediately after the issuing of the permit, the fishing vessel for which the commercial fishing permit was issued, for entry into the fishing vessels register. (2) The fishing vessels register shall be a database on all vessels for which commercial fishing permits or special fishing permits for commercial fishing have been issued.(3) The fishing vessels register shall be the central location for the collection of data on catches for the purposes of monitoring of catches and fishing efforts.(4) The record of fishing vessels shall be kept by the Ministry.(5) The Minister shall prescribe the contents of and method of keeping the fishing vessels register .

Article 15(submitting reports on the performance of commercial fishing)

(1) The legal or natural persons referred to in Article 17 of this Act engaged in commercial fishing with a fishing vessel whose total length equals or exceeds 10 m must submit information on every completed commercial fishing on a daily basis to the fishing vessels register .(2) Databases on completed commercial fishing by the legal or natural persons referred to in Article 17 of this Act that are engage in commercial fishing with a fishing vessel whose total length does not exceed 10 m shall be ensured by a system of sampling in fishing ports.(3) Data collection procedures, and the types and method of forwarding of data on the completion of commercial fishing, shall be prescribed by the Minister.

III. ACCESS TO FISHERY RESOURCES

Article 16(fishing)

(1) Fishing shall consist of commercial fishing, which is a commercial activity, and non-commercial fishing.(2) Fishing may only be performed on the basis of a valid fishing permit or recreational fishing ticket.

Commercial fishing

Article 17(issuing a commercial fishing permits)

(1) Commercial fishing may only be performed on the basis of a commercial fishing permit, which shall be issued by the Minister in an administrative procedure.(2) A commercial fishing permit may be obtained by any legal or natural person under the Companies Act (hereinafter: legal or natural person) that fulfils the following conditions:- its head office is in the Republic of Slovenia or the natural person concerned is a Slovenian citizen;- they are registered to engage in fishing activities in accordance with the regulations;- the natural person concerned is professionally qualified for commercial fishing, or the legal person concerned employs at least one person who is professionally qualified for commercial fishing;- they have a fishing vessel at their disposal, in accordance with regulations;- they are not prohibited from engaging in commercial fishing by any legally binding decision issued by a court or by a body competent to make decisions with regard to violations.

Article 18(commercial fishing permits)

(1) A commercial fishing permit shall contain information on the holder, the fishing vessel and the fishing gears.(2) A commercial fishing permit shall be issued for each fishing vessel separately.(3) A commercial fishing permit shall be non-transferable.(4) The form of and the more precise information to be contained in the commercial fishing permit shall be prescribed by the Minister.(5) A commercial fishing permit shall be entered in the register of commercial fishing permits kept by the Ministry. The contents of and method of keeping the register shall be prescribed by the Minister. (6) A legal or natural person may only engage in commercial fishing using a fishing vessel for which a commercial fishing permit has been issued.(7) At least one person who is professionally qualified for commercial fishing must be on board during the performance of commercial fishing. (8) The commercial fishing permit must be kept on board the fishing vessel at all times during the performance of commercial fishing.(9) Only those fishing gears listed in the commercial fishing permit for that fishing vessel, with the permitted properties and in the permitted quantities, may be on board a fishing vessel.

Article 19(coordinating commercial fishing permits with the possibilities of the exploitation of fishery resources)

(1) The number of commercial fishing permits must be coordinated with fishing possibilities in a way that ensures the sustainable exploitation of fishery resources, and in accordance with the adopted Fisheries Development Programme.(2) Should the number of commercial fishing permits exceed the possibilities of sustainable exploitation of fishery resources, new commercial fishing permits shall not be issued, notwithstanding the provisions of Article 17 of this Act.(3) In the event of the acquisition of a replacement fishing vessel, the holder of a commercial fishing permit for a fishing vessel shall have the right to be issued with a new commercial fishing permit.

Article 20(period of validity of commercial fishing permits)

A commercial fishing permit shall be issued for an indefinite period.

Article 21(reasons for cessation of validity or revocation of commercial fishing permits)

(1) The validity of a commercial fishing permit shall cease as follows:- upon the death of the natural person; - upon cessation of the performance of the activity of commercial fishing;- upon the sale of the fishing vessel;- upon the leasing of the fishing vessel.(2) A commercial fishing permit shall be revoked:- temporarily, should the legal or natural person be prohibited from engaging in commercial fishing activities by a legally binding decision issued by a court or by a body competent to make decisions with regard to violations, for the period of the duration of such a measure;- temporarily, for the period of three months should the holder commit the violence of the second, third, fifth, ninth, tenth, eleventh, twelfths, fifteenth, seventeenth, nineteenths, twelve’s, twenty-seconds, twenty-fifths or twenty- sixth point of the first paragraph 95. Article of this act; - permanently, should the holder fail to comply with the provisions of Article 22 of this Act; - permanently, should the commercial fishing permit holder fail to carry out activities in accordance with the conditions of this permit after having already been penalised twice for such violations;- permanently, should the holder fail to report the completion of commercial fishing in accordance with Article 15 of this Act after having already been penalised twice for such a violation;- permanently, should the holder violate the provisions of the common organisation of the fishing market after having already been penalised twice for such violations.

Article 22(informing)

In the cases referred to in the second, third and fourth indents of the first paragraph of the preceding Article, the commercial fishing permit holder must inform the Ministry of any changes within 14 days of their occurrence.

Article 23(professional qualifications)

(1) Professional qualifications to engage in commercial fishing shall be proved by means of a certificate on the passing of the examination.(2) A certificate shall be issued to a person who has passed the examination that follows a commercial fishing training programme.(3) The examination that follows a commercial fishing training programme shall be taken in the presence of a three-member commission appointed by the Minister.(4) The commercial fishing training programme, and the form and method of issuing of the certificate, shall be prescribed by the Minister. (5) The Ministry shall keep a register of certificates on the passing of the examinations from the second paragraph of this Article in the manner prescribed by the Minister.

Article 24(special commercial fishing permits)

(1) A special commercial fishing permit is a permit for the performance of commercial fishing:- in areas and cases where commercial fishing is otherwise prohibited in accordance with this Act;- in accordance with international treaties binding on the Republic of Slovenia.

(2) A special commercial fishing permit shall be issued for an appointed period of time on the basis of an expert opinion provided by a performer of a public service under this Act or in accordance with international treaties binding on the Republic of Slovenia.(3) A special commercial fishing permit on the basis of international treaties shall not be required for vessels entered in the fishing vessels register in the Republic of Slovenia that are less than 10 m in length and that carry out fishing exclusively in the internal waters and territorial waters of the Republic of Slovenia. (4) The form and content of the special permit for commercial fishing shall be prescribed by the Minister.

Article 25(issuing of special commercial fishing permits)

(1) A special commercial fishing permit shall be issued by the Minister by means of a decision, on the basis of a valid permit for commercial fishing or on the basis of an international treaty binding on the Republic of Slovenia.(2) A special commercial fishing permit shall be valid for one fishing vessel only.(3) Several different special commercial fishing permits may be issued for a single fishingvessel.

Article 26(reasons for cessation of validity or revocation of special permits)

(1) The validity of a special commercial fishing permit shall cease after expiry of the period for which it was issued and in the cases referred to in the first paragraph of Article 21 of this Act.(2) A special commercial fishing permit shall be revoked if the holder fails to carry out fishing in accordance with the conditions of the permit.

Non-commercial fishing

Article 27(intension of non-commercial fishing)

(1) The principal purposes of non-commercial fishing shall be:- scientific and research work;- monitoring of fishery resources;- provision to public aquariums in the territory of the Republic of Slovenia;- sport and recreation.(2) The non-commercial fishing referred to in the first, second and third indents of the preceding paragraph, as well as sports fishing and underwater sports marine fishing, may only be performed on the basis of a non-commercial fishing permit. (3) Recreational marine fishing may only be performed on the basis of a daily or weekly recreational fishing ticket.(4) The non-commercial fishing permit referred to in the second paragraph of this Article shall be issued by the Minister.(5) The permit referred to in the second paragraph and the ticket referred to in the third paragraph of this Article must be carried by the holder at all times during the performance of non-commercial fishing.

Article 28(sports and recreational marine fishing)

(1) Sports and recreational marine fishing may be performed from the shore or from a vessel using permitted fishing equipment in the permitted manner and up to a permitted daily quantity of catch.(2) A sports fishing permit and a daily or weekly recreational fishing ticket shall be valid for the internal waters and territorial waters of the Republic of Slovenia.

(3) According to this Act, a sports fisherman at sea shall be a member of a sports marine fishing society organised within a federation of sports marine fishing societies.(4) A daily or weekly recreational fishing ticket shall be issued on the basis of public authorisation by a federation of sports marine fishing societies.(5) A fee, to be determined by the Minister, shall be charged for an annual permit for sports fishing and for a daily and weekly recreational fishing ticket.(6) Fishing equipment, the method of sports and recreational fishing, the permitted daily quantity of catch, and the form, content and method of issuing of a weekly or daily recreational fishing ticket shall be prescribed by minister(7) Notwithstanding the provisions of the second and third paragraphs of the preceding Article, a sports fishing permit and a recreational fishing ticket shall not be required for sports and recreational fishing from the shore.

Article 29(sports fishing using an underwater gun)

(1) Sports fishing using an underwater gun in the internal waters and territorial waters of the Republic of Slovenia shall only be permitted on the basis of an underwater sports fishing permit, in the prescribed manner and without exceeding the permitted daily quantity of catch.(2) Recreational fishing using an underwater gun in the internal waters and territorial waters of the Republic of Slovenia shall be prohibited.(3) In accordance with this Act, an underwater sports fisherman at sea shall be a member of a sports marine fishing society.(4) Sports fishing using an underwater gun shall be prohibited between sunset and sunrise. (5) A vessel from which sports fishing using an underwater gun is performed shall be prohibited from carrying an underwater gun and equipment enabling underwater breathing at the same time. (6) Swimming with an underwater gun in areas in which fishing is prohibited and which are protected by this Act or other regulations shall not be permitted.(7) A fee, to be determined by the Minister, shall be charged for an annual permit for underwater sports fishing.(8) The method of underwater sports fishing and the permitted daily quantity of catch shall be prescribed by the Minister.

Article 30(prohibition of offering on the market)

Offering on the market of a catch made in the course of non-commercial fishing shall be prohibited.

AquacultureArticle 31

(conditions)

(1) Aquaculture may be practised by any legal or natural person that has gained a water right for aquaculture in accordance with water regulations and fulfils other prescribed requirements, primarily in the fields of nature conservation, spatial management and building construction. (2) In order to monitor market of fishery and fishery products, a register relating to aquaculture farms and the results of aquaculture shall be kept by the Ministry.(3) More detailed contents and the method of managing of register, as well as the method of reporting data, shall be prescribed by the Minister.

National fishing quota on the basis of total allowable catchArticle 32

(national fishing quota)(1) The national fishing quota is a share of the total allowable catch allocated to the Republic of Slovenia on the basis of international treaties binding on the Republic of Slovenia.(2) The national fishing quota for individual types of fishery resource in an individual fishing year shall be announced by the Minister in the Uradni list Republike Slovenije.

(3) Exploitation of the national fishing quota from the preceding paragraph shall only be possible on the basis of an authorisation of the Minister. This authorisation shall be issued to holders of commercial fishing permits and special commercial fishing permits in an administrative procedure based on a public call.

Article 33(research in fishery)

(1) In order to achieve goals in fishery and to rationalise research in fishery, research must be coordinated and its results distributed in accordance with international treaties binding on the Republic of Slovenia.(2) The planning, coordination and implementation of the fishery research programmes referred to in the preceding Article shall be prescribed by the Minister.(3) The planning, coordination and implementation of fishery research programmes shall be funded from the national budget and from other sources.

IV. PUBLIC SERVICES IN FISHERY

Article 34(performance of public service)

(1) The tasks performed as a public service according to this Act may be carried out by natural or legal persons of public or private law in forms determined by laws regulating public services, by other persons of public law, and by recognised producer organisations in fishery according to this Act. (2) The method and conditions of performance of public service according to this Act shall be prescribed by the Government.

Article 35(concessions)

(1) Concessions for the performance of public services according to this Act shall be granted by the Minister on the basis of public tenders published in the Uradni list Republike Slovenije.(2) The public tender referred to in the preceding Article shall include the following in particular:- determination of the subject of the concession;- determination of the commencement and duration of the concession;- the conditions to be fulfilled by the concession holder;- the obligatory components of an application;- selection criteria;- the deadline for the issuing of a decision on the selection of the concession holder;- other professional and technical conditions, if any;- the name of a contact person able to provide information relating to the contents of the public tender;- the date, place and time of opening of applications;- the method of informing applicants of the selection of concession holders.(3) The procedure of opening and evaluating applications shall be carried out by a commission appointed by the Minister. Authorised representatives of the applicants may be present at the opening of applications.(4) Late applications shall be rejected. Applicants may amend incomplete applications within eight days of being informed that their application is incomplete; otherwise their applications shall be rejected. This must be made clear to the applicants.(5) All applicants shall be informed of the outcome of the public tender within eight days.(6) The Minister shall issue a decision on the selection of the concession holder.(7) Relations between the Ministry and concession holders shall be regulated by means of contracts.

Article 36(concession contracts)

On the basis of the decision on the selection of a concession holder, the Ministry shall conclude a written contract with that concession holder. The contract shall contain the following in particular:- the public service tasks performed by the concession holder;- the names of the concession holder’s authorised persons;

- the names of persons responsible for carrying out individual public service tasks;- the method of and conditions for the performance of public service tasks;- the rights, duties and responsibilities of the concession holder;- the commencement and duration of the concession;- the source of funding of the public service;- the method of monitoring the performance of the public service;- the expiry of the concession;- the period of notice for cancellation of the contract.

Article 37(expiry of concessions)

(1) A concession shall expire:- upon revocation;- upon expiry of the contract.(2) More detailed expiry conditions shall be prescribed by the Minister.

Article 38(public service tasks)

The principal public service tasks in fishery shall be as follows: - advising in fishery, especially in relation to fishing and aquaculture;- expert tasks in fishery;- expert tasks in aquaculture;- the monitoring of fishery resources.

Article 39(advising in fishery)

The principal tasks in the provision of advising in fishery shall be as follows: - to provide advice in relation to technological, economic, spatial, environmental protection, nature conservation and water protection issues with regard to the performance of fishing activities;- to provide advice and assistance in the drawing-up of development plans for legal and natural persons engaged in fishery;- to provide advice and assistance in the enforcement of measures in fishery;- to provide advice and assistance in the organisation and operation of producer organisations in fishery and inter-branch organisations:- to provide advice in the area of fishing and regulations related to fishing.

Article 40(expert tasks in fishery and aquaculture)

The principal tasks in fishery and aquaculture shall be as follows:- to conduct analyses of sea waters in relation to their suitability for aquaculture ;- to conduct sociological, economic and other analyses in the area of fishery, aquaculture, and market of with fish and fishery products;- to carry out tasks and analyses in the field of measures in fishery;- to carry out other tasks of significance for guiding and monitoring developments in fishery and . aquaculture.

Article 41(funds for the operation of public services)

(1) Public service in fishery shall be funded by:- the national budget;- partial or full payment for services performed; - funds determined by law;

- other sources.(2) The Republic of Slovenia shall fund or co-fund individual services performed by public services according to this Act, in compliance with the Fisheries Development Programme.

Article 42(costs of and payment for services)

(1) Users of services performed by public services according to this Act shall pay the price of the service in part or in full; services performed by public services for users may also be provided free of charge.(2) The Minister shall prescribe the price of the services referred to in the preceding Article and shall determine the share to be paid by the user.

V. FINANCING IN THE FISHERY

Article 43(provision of funds)

(1) According to this Act, the national budget shall provide funds for:- the financing and co- co financing of structural and other measures in fishery on the basis of the Fisheries Development Programme;- the financing and co- co financing of public services in fishery; - the co financing of measures relating to marketing with fish and fishery products;the co financing of the establishment and initial operation of producer organisations in fishery. The financing and co financing of structural and other measures in fishery shall be determined by the Government.

VI. MARKETING OFFISHERY PRODUCTS

Article 44(marketing)

(1) Fishery products shall be placed on the market when the producer offers or despatched them on the market.. Export and import shall be also considered as placing of fishery products on the market. (2) Fishery products can be placed on the market if they meet the prescribed requirements and are labelled according to regulations.

Article 45(prohibition of marketing of juvenile fish)

(1) Marketing of juvenile fish shall be prohibited.(2) Notwithstanding the provision of the preceding paragraph, the Minister may exceptionally permit marketing in certain quantities of juvenile fish caught in accordance with the second paragraph of Article 9 of this Act.

Article 46(common market organisation of fishery products)

The Government shall prescribe the common market organisation of marketing offishery products (hereinafter: common organisation of the market).

Article 47(contents of common organisation of the market)

(1) The common market organisation shall determine and regulate:- fishery products that are the subject of the common organisation of the market;- marketing standards; - the provision of consumer information;

- the establishment of producer organisations in fishery;- the planning of fishing, aquaculture, and marketing in fishery products;- guide prices;- prices for the withdrawal of fishery products from the market;- interventions in the market of fishery products;- reference prices; - protective measures;- international trade and customs arrangements.(2) Fishery products that can be the subject of the common organisation of the market referred to in the preceding paragraph shall be those marketed in accordance with the regulations on combined nomenclature with customs rates under the following tariff numbers: 0301, 0302, 0303, 0304, 0305, 0306 and 0307.(3) Fishery products that can be the subject of the common organisation of the market referred to in the first paragraph of this Article shall also be those marketed in accordance with the regulations on combined nomenclature with customs rates under tariff number 0511 within sub-number 91 (fish waste and other), 1604, 1605, 1902 within sub-number 20 (filled pasta, cooked, uncooked or prepared in another way, its ingredients exceeding 20% by weight of fish, shellfish, molluscs or other aquatic invertebrates), and 2301 within sub-number 20 (flour, meal and pellets made from fish, crabs, molluscs or other aquatic invertebrates).

Article 48(marketing standards)

(1)Marketing standards shall be set for marketing of fishery products. They shall determine the classification of fishery products according to the type, quality, size or weight, as well as packing and labelling.(2)Marketing standards shall be prescribed by the Minister.

Article 49(prohibitions and exceptions)

(1) The placement on the market or putting on display of fishery products that do not comply with marketing standards shall be prohibited. (2) Notwithstanding the provision of the preceding paragraph, fishery products that do not comply with marketing standards may be placed on the market if they are from smaller inshore catch intended to be marked directly to retailers or consumers.(3) The Minister shall prescribe what is considered to be a smaller inshore catch under the preceding paragraph.

Article 50(provision of information to consumers)

(1) The supply of misleading information to consumers on fishery products being traded shall be prohibited. (2) The Minister shall prescribe the method and form of providing information to consumers under the preceding paragraph.

Producer organisations in fishery

Article 51(producer organisations)

(1) Producer organisation in fishery shall be a legal person bringing together legal and natural persons engaged in fishing activities, processing fishery products on board a fishing vessel, or carrying out aquaculture activities.(2) Producer organisations shall be established with the aim of rationalising the catch oraquaculture activities, and of improving the conditions of sale of fishery products provided by its members.(3) For the purposes referred to in the preceding paragraph, producer organisations shall adopt measures to:- promote the planning of fishing or aquaculture by adapting to demand with regard to both quantity and quality;

- promote the concentration of supply;- stabilise prices;- promote sustainable fishing methods.(4) Producer organisations shall adopt internal rules regulating the following issues in particular:- that members use the rules adopted by this organisation when engaged in fishing or aquaculture, and when marketing fishery products;- that the organisation determines and implements fishing measures once their fishing quota has been determined;- that the organisation determines, and their members implement, the adopted measures relating to changes to the fishing effort;- that a fisherman uses a fishing vessel only within the framework of the activities of one organisation;- that members of the organisation may only place fishery products on the market through this organisation;- that the obligation referred to in the previous indent is deemed void if marketing is carried out according to rules previously laid down by this organisation;- the method of providing information required by the organisation for determining measures relating to certain types fishery product;- the method of establishing and financing the intervention fund;- the procedure of enforcing members’ financial obligations for the purposes of funding the producer organisations;- the rules for the admission of new members;- penalties for violation of the rules of the producer organisations.(5) More detailed conditions for the operation of the producer organisations shall be prescribed by the Minister.

Article 52(recognition of and withdrawal of recognition from an producer organisation)

(1) Producer organisation shall be recognised before it may exercise the rights and obligations from this Act.(2) Producer organisation shall be recognised by the Minister if:- its head office is in the Republic of Slovenia;- it fulfils the conditions from Article 51 of this Act;- it fulfils the prescribed organisational conditions;it fulfils the conditions regarding the number of members and the volume of fishing or aquaculture.- The Minister shall recognise a producer organisation referred to in the preceding paragraph by means of a decision issued at the organisation’s request.(3) The decision referred to in the preceding paragraph shall also determine the area of the organisation’s activity.(4)More detailed conditions from the third and fourth indents of the second paragraph of this Article shall be prescribed by the Minister.(5)The Ministry shall carry out regular checks to confirm whether organisations of fishermen or fish farmers are operating in accordance with the conditions of recognition.(6) Recognition of a producer organisation shall be withdrawn if:- the producer organisation no longer fulfils the conditions laid down in the second paragraph of this Article;- the producer organisation has been recognised on the basis of false information.

Article 53(representative nature of a recognised producer organisation)

(1) A recognised producer organisation referred to in the preceding Article shall be recognised as being representative by the Minister, at its request, provided the organisation, in the area of its activity, fulfils the conditions for representation with regard to the volume of fishing or aquaculture and to marketing of fishery products at one or more landing place or first-stage sale.(2) More detailed conditions with regard to the preceding paragraph shall be prescribed by the Minister.

Article 54(extension of rules of a representative producer organisation to non-members)

(1) For the purposes of implementing measures in fishery, the application of rules adopted by a representative producer organisation in accordance with Article 51 may be extended to:- legal and natural persons engaged in commercial fishing or aquaculture that are not members of this organisation or another recognised organisation of fishermen or fish farmers;- other recognised producer organisations.(2) The Government shall adopt a decision with regard to extension of the application of the rules referred to in the preceding paragraph, on the basis of a proposal presented by the representative producer organisation.(3) More detailed conditions with regard to extension of the application of the rules referred to in the first paragraph of this Article shall be prescribed by the Government.

Article 55(operational programme of fishing, aquaculture and marketing))

(1) At the beginning of a fishing year, a producer organisation shall draw up a programme of operations for fishing or aquaculture and marketing the fishery products for the fishing year.(2) The operational programme and amendments thereto shall be approved by the Minister.(3) A new member of a producer organisation shall not be required to carry out the obligations from this programme in the first year of membership.

Article 56(financial aid)

(1) On the basis of the approved operational programme referred to in the preceding Article, a recognised producer organisation may apply for financial aid according to this Act.(2) If the operational programme of producer organisation has not been approved, it shall not be entitled to financial aid according to this Act for intervention measures in the field of prices and interventions in that fishing year.(3) If a producer organisation fails to implement measures determined in the operational programme, the following shall apply in that fishing year:- in the event of a proved first-time violation, it shall receive only 75% of the approved financial aid for intervention measures in the field of prices and interventions;- in the event of a proved second violation, it shall receive only 50% of the approved financial aid for intervention measures in the field of prices and interventions;- in the event of further proved violations, it shall receive no approved financial aid.

Article 57(inter-branch organisations)

(1) An inter-branch organisation is a legal person bringing together legal and natural persons engaged in the activities of fishing, aquaculture, the processing of fishery products, and marketing. .(2) An inter-branch organisation shall be established for the purposes of:- improving knowledge of and transparency in fishing and the fishing market;- developing a more coordinated method of placing fishery products on the market, especially with the help of research work and market research;- studying and developing techniques for optimising the functioning of the market, including information and communication technologies;- drawing up standardised contracts;- securing information and conducting research necessary for redirecting fishing towards fishery products that are more suitable with regard to market demands and consumers’ taste and expectations, especially concerning quality;- using methods that contribute to the sustainability of fishery resources;- developing methods and instruments and organising training programmes to improve the quality of fishery products;- introducing measures to improve protection of labelling of the source, quality and geographical origin of fishery products;- determining conditions for fishing and marketing of fishery products that may be more restrictive than the conditions according to this Act;

- improving the exploitation of the potentials of fishery resources;- increasing sales of fishery products.(3) An inter-branch organisation shall be permitted to perform the tasks referred to in the preceding paragraph only if it has been recognised.

Article 58(recognition of and withdrawal of recognition from an inter-branch organisation)

(1)The Minister shall recognise an inter-branch organisation if it fulfils the following conditions:-the fishing, aquaculture , processing of or marketing of fishery products of its members represents a significant share of the operations of its members;-its members are active in several areas and they can prove a minimum level of representativenes in each area and for each activity in which they are engaged;-the organisation itself does not perform the activities of fishing, aquaculture or the processing of or marketing of fishery products.(2) The Minister shall recognise an inter-branch organisation referred to in the preceding paragraph by means of a decision issued at the organisation’s request.(3) The decision referred to in the preceding paragraph shall also determine the inter-branch organisation’s area of operation.(4) The Ministry shall carry out regular checks to confirm whether inter-branch organisations are operating in accordance with the conditions of recognition.(5) The Minister shall withdraw recognition from an inter-branch organisation if:-it no longer meets the conditions of recognition according to this Act;-it presents an obstacle to the prescribed implementation of the common organisation of the market.

Article 59(representative nature of recognised inter-branch organisations)

An inter-branch organisation shall be recognised as representative by the Minister at the organisation’s request provided the volume of fishing, aquaculture, processing of or marketing in a certain type of fishery products by its members represents at least two thirds of the catch, farming stock, products of the processing of or marketing in these kinds of fishery products in the area of operation of this organisation.

Article 60(extension of agreements and rules of representative inter-branch organisations to non-members)

(1) For the purposes of implementing measures in fishery, the Government shall determine, at the request of the representative inter-branch organisation, that the agreements and rules adopted by the representative inter-branch organisation shall be binding, for a specified period of time, on other legal or natural persons that are not members of this representative inter-branch organisation but are engaged in the activities of fishing, aquaculture or the processing of or marketing of fishery products in the area or areas in which the representative inter-branch organisation is active.(2) If the request to extend the agreements and rules to other legal or natural persons engaged in the activities of fishing, aquaculture or the processing of or marketing of fishery products applies to more than one area, the inter-branch organisation must prove its representativeness for each activity performed by its members in each of these areas. (3) Agreements and rules for which extension to other legal or natural persons can be requested:a) must refer to at least one of the following measures:- the provision of information on fishing, aquaculture, and marketing of fishery products;- stricter rules for fishing, aquaculture and fish processing that may be more restrictive than the prescribed conditions;- the drawing-up of standardised contracts;- rules for marketing of fishery products;b) must be in force for at least one year;c) shall be binding for a maximum of three years;

d) may not cause damage to other legal and natural persons engaged carrying out the activities of fishing, aquaculture and the processing of or marketing of fishery products and based in other areas of the Republic of Slovenia, or in other countries according to international treaties binding on the Republic of Slovenia.(4) The extension of agreements and rules referred to in the first paragraph of this Article shall not be possible if these agreements or rules are contrary to international treaties binding on the Republic of Slovenia.

Article 61(agreements between inter-branch organisations)

Notwithstanding the provisions of the international treaty with the European Union referring to the implementation of measures in fishery, recognised inter-branch organisations may conclude agreements to carry out the tasks referred to in Article 57 of this Act, provided these agreements:- do not require the use of fixed prices;- do not cause any fragmentation of markets with fishery products from European Union member states;- do not create unequal conditions for the same business with other trading partners that could, because of such conditions, be placed in an uncompetitive position;- do not hinder competition for a major share of the fishery products to which they refer;- do not limit competition in a way that would have a significant effect on the achievement of goals in fishery that are the subject of cooperation between inter-branch organisations.

Prices and interventions

Article 62(guide prices)

(1) Because of the need to stabilise prices in the marketing of fishery products, coordinate supply and demand on the marketplace and avoid the appearance of surplus fishery products on the market, the Government shall, for each fishing year and in accordance with international treaties binding on the Republic of Slovenia, determine a list of fishery products with corresponding guide prices and the periods for which these prices are valid.(2) For the purposes of setting the prices referred to in the preceding paragraph, the Ministry shall, on a regular basis, keep records of the sale price of fishery products on representative markets and at places where fishery products are imported, determined in accordance with international treaties binding on the Republic of Slovenia.(3) In accordance with the international treaty binding on the Republic of Slovenia, the Ministry shall report the data kept and referred to in the preceding paragraph to the international database system.

Article 63(fishery products withdrawn from the market)

(1) On the basis of the guide prices referred to in the preceding Article, the Government shall, in accordance with international treaties binding on the Republic of Slovenia, determine for each fishing year a list of certain fishery products from the common organisation of the market, with the minimum prices under which these fishery products should not be placed on the market.(2) Notwithstanding the preceding paragraph, a producer organisation may independently withdraw from the market other fishery products from the common organisation of the market for which the Government did not set minimum prices under which they should be withdrawn from the market.

Article 64(withdrawal price)

(1) For fishery products to which the common organisation of the market applies and which correspond with the adopted marketing standards, producer organisation may set minimum prices at which its members may withdraw fishery products of the market. In such cases, the producer organisation shall grant compensation to members to cover the withdrawn quantities:- for fishery products referred to in the first paragraph of the preceding Article;

- for fishery products referred to in the second paragraph of the preceding Article. (2) Producer organisation shall determine an appropriate method for withdrawing fishery products from the

market that shall not disturb regular marketing.(3) In order to co-finance the measures of withdrawal of fishery products from the market, the producer organisation shall establish an intervention fund, to be financed by contributions of members on the basis of an evaluation of the quantities that individual members offer to the market. Alternatively, the contributions of all members shall be equal. (4) Producer organisation shall provide the following information to the Ministry:- the list of fishery products referred to in the first paragraph of this Article;- the suggested and actually used withdrawal prices at which they shall not place or withdraw fishery products of the market;- the period of validity of the withdrawal prices at which the fishery products shall not be placed or withdraw of the market.

Article 65(selling price)

In accordance with international treaties binding on the Republic of Slovenia, the Government shall set the selling price of certain fishery products for each fishing year.

Article 66(interventions)

(1) Interventions in the fishery products market shall include:- financial compensation to producer organisations paid to cover the withdrawal of fishery products from the market in accordance with the first indent of the first paragraph of Article 64 of this Act; - aid for the processing of fishery products withdrawn from the market;- lump-sum aid paid to producer organisations to cover independent withdrawals of the market and processing of fishery products carried out by producer organisations in accordance with the second paragraph of Article 63; - aid for the private storage of fishery products withdrawn from the market in accordance with the first paragraph of Article 64 of this Act; - a supplement for producer organisations ;- other forms of aid determined by the Government on the basis of international treaties binding on the Republic of Slovenia.(2) The Government shall determine the introduction of the intervention measures referred to in the preceding paragraph and the level of financial aid on the basis of international treaties binding on the Republic of Slovenia.

International trade with fishery products

Article 67(import and export licences)

(1) In accordance with international treaties binding on the Republic of Slovenia, the import and export of fishery products may be subject to import or export licences.(2) The import and export regime referred to in the preceding paragraph shall be determined by the Government.

Article 68(special import duties)

(1) The provisions of the act regulating special import duties shall be used for the imposition of special import duties, unless otherwise specified by this Act. Special import duties shall be set to not more than the level specified in international treaties binding on the Republic of Slovenia and for those fishery products specified in international treaties binding on the Republic of Slovenia.

(2) In order to ensure a balanced supply of the market with raw materials intended for the processing industry, the customs duties for a particular kind fishery product may be fully or partly waived, for an indefinite period, in accordance with a Government regulation.

Article 69(customs quotas)

Customs quotas are specified quantities of fishery products imported into the Republic of Slovenia at preferential customs rates in accordance with international treaties binding on the Republic of Slovenia.

Article 70(reference import prices)

(1) Every fishing year the Government shall set reference import prices for fishery products that are subject to the common organisation of the market, in accordance with international treaties binding on the Republic of Slovenia. (2) Measures with regard to the application of reference import prices shall be determined by the Government.

Article 71(collection of information on international trade)

(1) The Ministry shall keep evidence of the prices and quantities of imported fishery products that are subject to the common organisation of the market.(2) The prices entered in the evidence referred to in the preceding paragraph must be the same as the customs value. (3) In accordance with the international treaty binding on the Republic of Slovenia, the Ministry shall report the prices referred to in the first paragraph of this Article to the international database system.

Article 72(safeguard measures)

(1) In the event of the occurrence or threatened occurrence of disturbances in the market as a consequence of the import or export of a particular kind fishery products that may jeopardise the goals set in fishery , the Government shall introduce safeguard measures for fishery products to the third countries , taking into account restrictions contained in international treaties binding on the Republic of Slovenia.(2) The procedure and the types of safeguard measures referred to in the preceding paragraph shall be prescribed by the Government.

Article 73(authorisations of customs authorities)

Customs authorities shall perform the supervision necessary for implementation of the provisions relating to international trade referred to in Article 70 of this Act, and supervision of the import or export of fishery products .

VII. MONITORING OF IMPLEMENTATION OF MEASURES IN FISHERY

Article 74(monitoring)

(1) A system that chiefly includes the technical monitoring of fishing activities shall be designed in order to monitor the realisation of fishing measures. The following shall be monitored in particular:-measures for the preservation and management of fishery resources;-structural measures in fishery;- measures with regard to marketing of fishery products .(2) All fishing activities in the territory of the Republic of Slovenia shall be monitored.

(3) Fishing vessels registered in foreign countries shall also be monitored; however, in accordance with maritime regulations, the right to cross territorial sea waters without interruption must not be restricted.

Article 75(monitoring of fishing)

(1) Fishing shall be monitored by the port supervisors of the competent maritime body in accordance with the authorisations given to them by the act regulating maritime affairs.(2) According to this Act, port supervisors shall have the following authorisations:- to inspect commercial fishing permits, special commercial fishing permits and non-commercial fishing permits;- to inspect recreational fishing tickets;- to inspect fishing gears;- to inspect fishing equipment;- to examine the permitted daily quantity of catch;- to monitor the movement of fishing vessels, especially during fishing;- to file a proposal to introduce a misdemeanours procedure or impose a fine.(3) The body responsible for maritime affairs shall inform the fishing inspector of the findings of and measures taken by port supervisors.

Article 76(monitoring of the movement of fishing vessels)

(1) Monitoring of the movement of fishing vessels from the shore shall be performed by the body responsible for maritime affairs.(2) The system of monitoring the movement of fishing vessels shall be determined by the Minister, in agreement with the minister responsible for maritime affairs.

Article 77(monitoring and keeping records of catch)

(1) For the monitoring of the catch and related activities, the skippers of fishing vessels whose total length is or exceeds 10 m must keep a fishing logbook to record the quantity of catch detailing the types, time and location of catch for each individual fishing day, including the current day, and provide reports in accordance with Article 15 of this Act.(2) More detailed contents and the form of fishing logbooks shall be determined by the Minister.

Article 78(landing place and the first-stage sale of fishery products)

(1) Legal and natural persons engaged in commercial fishing shall only be permitted to land their fishery products in the fishing ports of Koper, Izola and Piran. (2) First-stage sale is the first placement of fishery products on the market. (3) The first-stage sale of fishery products by legal and natural persons may take place only at locations designated for first-stage sale, except in the event of sale to a known buyer.(4) Locations of first-stage sale that comply with the conditions for marketing of fishery products shall be determined by the Minister.

Article 79(duty to report)

(1) Locations of the first-stage sale of fishery products shall be obliged to provide information to the Ministry on marketing of fishery products, detailing the type, quantity and prices of fishery products.(2) If the first-stage sale of landed fishery products does not take place at designated locations of first sale, the buyer may not carry out further marketing until it provides the Ministry with purchase information detailing the type, quantity and prices of fishery products.

(3) The information referred to in the first and second paragraphs of this Article shall be reported on a daily basis.(4) The Minister shall determine more precise contents and procedures for reporting the completion of first-stage sale referred to in the first and second paragraphs of this Article.

Article 80(landing of fishery products from foreign fishing vessels)

(1) A fishing vessel registered in a third country that wishes to land fishery products in the Republic of Slovenia must notify the Ministry of this at least 72 hours before scheduled arrival. The Ministry shall confirm the receipt of notification. (2) A fishing vessel registered in a third country may land fishery products only in the fishing port of Koper.(3) The skipper of a fishing vessel referred to in the first paragraph of this Article must keep a fishing logbook for the fishery products he wishes to unload in the Republic of Slovenia in accordance with this Act.(4) The unloading procedure shall be prescribed by the Minister.

Article 81(trans-shipping of fishery products)

(1) Upon the trans-shipping of fishery products for which a total allowable catch or fishing quota have been set, the skipper of the fishing vessel from which the load is trans-shipped and the skipper of the fishing vessel to which the load is trans-shipped shall be obliged, regardless of the location of trans-shipping, to keep records of the trans-shipment and inform the Ministry thereof at least 24 hours before the commencement of trans-shipping and after the completion of trans-shipment. (2) The skipper of the fishing vessel from which the load is trans-shipped and the skipper of the fishing vessel to which the load is trans-shipped must permit the competent bodies to check the accuracy of the information referred to in the preceding paragraph.(3) The method of trans-shipment of fishery products shall be determined by the Minister.

Article 82(monitoring of the use of various fishing gears)

(1) If the catch during one fishing has been acquired using a variety of fishing gears (for example, nets with meshes of different sizes), the structure of the catch, sorted by type of fish and fishery product, shall be calculated for each part of the catch acquired under differing conditions.(2) All changes in the use of fishing gears and the structure of the catch using each of them must be entered in the fishing logbook and in the landing declaration.

Article 83(violations)

(1) Fishing vessels that violate the provisions of this Act, or violate the provisions several times in a row, shall be subject to stricter monitoring.(2) The Ministry shall provide information on the name and external identification markings and numbers of a fishing vessel under strict supervision, in accordance with international treaties binding on the Republic of Slovenia.

Article 84(structural measures in fishery)

Structural measures in fishery determined in the Fisheries Development Programme are aimed at increasing the efficiency and competitiveness of fishing, aquaculture, and the processing of fishery products .

Article 85(monitoring and checking of measures in fishery)

In order to implement the provisions of the preceding Article, measures from the fields listed below shall be subject to particular monitoring and checking:- restructuring, renewal and modernisation of the fishing fleet; - adaptation of fishing capacities to fishing possibilities;- restrictions of the fishing effort;- restrictions on the types and number of fishing gears, and on the method of their use;- development of aquaculture.

Article 86(assessment of measures in fishery)

In order to assess the provisions referred to in the preceding Article, the Minister shall establish a system of evaluation. This shall, in particular, include the cross-checking of information on the capacities of the fishing fleet and its activities, with special emphasis on information contained in:- fishing logbooks;- landing documents;- fishing vessels register.

Article 87(Agency of the Republic of Slovenia for Agricultural Markets and Rural Development)

In implementing measures in fishery in accordance with this Act, the following principal tasks shall be performed by the Agency of the Republic of Slovenia for Agricultural Markets and Rural Development:- the implementation of structural fishing measures in accordance with the Fishing Development Programme;- the implementation of market measures in the fishery products market;- the drawing-up of analyses and reports relating to fishery;- the establishment and implementation of a market-information system in fishery .

VIII. INSPECTION

Article 88(implementing of inspection)

(1) Inspection of the implementation of the provisions of this Act and of the regulations issued on the basis thereof shall be carried out by fishing inspectors, inspectors for the quality control of agricultural products and food and maritime inspectors, each of them within the framework of their respective authorisations.(2) The inspectors referred to in the preceding paragraph shall inform each other of the implementation of inspection.(3) Legal and natural persons must permit the fishing inspector, the inspector for the quality control of agricultural products and food and the maritime inspector to carry out inspection undisturbed, must not obstruct them during in the course of inspection, and must provide them with the requested documents, information, explanations or items.(4) Legal and natural persons must, no later than by the given deadline, act in accordance with the executable decision with which the inspector has ordered them, in accordance with this Act, to execute the measures determined by this Act.(5) The inspectors referred to in the first paragraph of this Article must provide information on established irregularities to the Ministry as they happen.

Article 89(authorisations of the fishing inspector)

In addition to authorisations granted in accordance with other regulations, the fishing inspector shall also have the following authorisations:- to inspect fishing vessels, fishing gears and documents of fishing vessels; - to inspect commercial fishing permits and special commercial fishing permits;- to inspect non-commercial fishing permits;

- to inspect daily and weekly recreational fishing tickets;- to inspect evidence and documents determined by this Act and by regulations issued on the basis thereof;- to inspect facilities used by legal and natural persons engaged in fishing activities and the documents required to perform these activities in accordance with this Act;- to inspect the fishing vessels register;- to propose deletion from of fishing vessels register, and from evidence and databases according to this Act;- to inspect the catch;- to check the permitted daily quantity of catch from sports and recreational fishing; - to inspect fishing equipment;- to monitor the movement of fishing vessels, particularly during the performance of fishing;- to monitor the landing of fishery products;- to monitor the trans-shipment of fishery products;- to monitor the operation and performance of public service tasks in fishery;- to check whether the conditions for the performance of public services in fishery are being fulfilled;- to establish the unlawful acquisition of finance or the use of such finance contrary to the purpose for which they were allocated according to this Act.

Article 90(measures ordered by the fishing inspector)

When exercising inspection, the fishing inspector may order also the following measures, in addition to measures provided by other regulations: - the confiscation of equipment and fishing gears prohibited by this Act;- the confiscation of documents on the basis of a well-founded suspicion that a violation has been committed, in order to ascertain the actual situation;- the permanent or temporary revocation of a fishing permit and the confiscation of a fishing vessel, fishing gears and the catch;- the permanent or temporary prohibition of performance of the activity of fishing or aquaculture; - to prohibition of the public service from performing the public service until the competent body makes a decision, in the event of non-fulfilment of the prescribed conditions, and the proposing of revocation of the concession.

Article 91(authorisations of the maritime inspector)

In addition to authorisations granted in accordance with maritime and other regulations, the maritime inspector shall also have the following authorisations:- to inspect commercial fishing permits, special commercial fishing permits and non-commercial fishing permits;- to inspect recreational fishing tickets;- to inspect the permitted daily quantity of catch from sports and recreational fishing; - to monitor the movement of fishing vessels during the performance of fishing.

Article 92(authorisations of the inspector for the quality control of agricultural products and food)

In addition to authorisations granted in accordance with other regulations, the inspector for the quality control of agricultural products and food shall also have the following authorisations:- to supervise the marketing of fishery products ;- to inspect facilities used by legal and natural persons engaged in fishing, aquaculture and the processing of and marketing of fishery products , and the documents required to perform these activities;- to control of the quality of fishery products in accordance with regulations.

Article 93(measures ordered by the inspector for the quality control of agricultural products and food)

When exercising inspection, the inspector for the quality control of agricultural products and food shall also order the following measures, in addition to measures determined by other regulations: - prohibition of the use of labelling and prohibition of the marketing of fishery products that do not fulfil the prescribed requirements;- the ordering of a test of conformity with regulations for fishery products being marketed;- prohibition of the marketing, or the ordering of the non-hazardous destruction of, fishery products if their quality does not conform to regulations;- prohibition of the clearance of fishery products from customs procedures and their release into market if they do not fulfil the prescribed requirements;- prohibition of the use of documents of conformity for fishery products that do not fulfil the prescribed regulations;- prohibition of a method of advertising of fishery products that is or could be misleading to consumers.

IX. TASKS OF THE POLICE

Article 94(police inspection )

(1) Inspection of the implementation of this Act and the regulations issued on the basis thereof shall also be carried out by the police.(2) When carrying out inspection, the police shall have the following rights:- to inspect fishing vessels, fishing gears and documents of fishing vessels;- to inspect commercial fishing permits, special commercial fishing permits and non-commercial fishing permits;- to inspect recreational fishing tickets;- to inspect the permitted daily quantity of catch from sports and recreational fishing; - to monitor the movement of fishing vessels;- to confiscate fishing vessels, fishing gears and the catch; - to file a proposal to introduce a misdemeanours procedure or impose a fine.

IX. PENALTY PROVISIONS

Article 95(violations by legal and natural persons)

(1) A fine of from SIT 100,000 up to 10 million shall be imposed on a legal person that commits one of the following violations:1. fishing using fishing gears that do not fulfil the prescribed technical conditions, or failing to use them in the prescribed manner (first paragraph of Article 6);2. keeping prohibited equipment and fishing gears on board a fishing vessel (first and second paragraphs of Article 7);3. fishing using prohibited equipment and fishing gears (first, second and third paragraphs of Article 7);4. using dredges for non-commercial fishing in the internal waters and territorial waters of the Republic of Slovenia for scientific, research and educational purposes without a permit (fourth and fifth paragraphs of Article 7); 5. using dredges for commercial fishing in the internal waters and territorial waters of the Republic of Slovenia without a permit (fourth and fifth paragraphs of Article 7); 6. using surrounding nets and seine nets from the shore without a permit (sixth and seventh paragraphs of Article 7); 7. using devices that enable underwater breathing in commercial fishing (eighth paragraph of Article 7);8. carrying fishing gears not entered in the commercial fishing permit on board a fishing vessel (Article 8 and ninth paragraph of Article 18);9. fishing using fishing gears that are not in accordance with the commercial fishing permit for a fishing vessel (Article 8);10. intentionally fishing for juvenile fish without a permit (first and second paragraphs of Article 9);11. using dragged gear within a three-mile offshore belt without a permit (second and third paragraphs of Article 10);

12. fishing using dragged gear above Posidonian beds (fourth paragraph of Article 10);13. using surrounding nets contrary to the provisions of the fifth paragraph of Article 10 of this Act;14. fishing contrary to good fishing practice (first and second paragraphs of Article 11);15. engaging in commercial fishing in fishing reserves without a special permit (third and fourth paragraphs of Article 12);16. engaging in non-commercial fishing contrary to the provisions of the sixth and eighth paragraphs of Article 12 of this Act;17. permitting a fishing vessel owned by a legal person to navigate in a fishing reserve without a special commercial fishing permit (ninth paragraph of Article 12);18. engaging in commercial fishing using a vessel other than a fishing vessel, or using a fishing vessel for which there is no commercial fishing permit (first paragraph of Article 13, sixth paragraph of Article 18);19. failing to enter a fishing vessel in fishing vessels register (first paragraph of Article 14);20. failing to report or filing a late report on the completion of commercial fishing (first paragraph of Article 15);21. engaging in commercial fishing without a commercial fishing permit (first paragraph of Article 17);22. failing to ensure the presence of a person professionally qualified for commercial fishing on board a fishing vessel during commercial fishing (seventh paragraph of Article 18);23. failing to carry a commercial fishing permit on board a fishing vessel during commercial fishing (eighth paragraph of Article 18);24. failing to report or filing a late report to the issuer of the commercial fishing permit on the changes referred to in the second, third and fourth indents of the first paragraph of Article 21 (Article 22);25. engaging in commercial fishing without a special permit where and when a special permit is prescribed (first paragraph of Article 24);26. failing to perform commercial fishing in accordance with a special permit (first and second paragraphs of Article 24, second paragraph of Article 25);27. engaging in non-commercial fishing without a permit (second paragraph of Article 27);28. issuing daily or weekly recreational fishing tickets contrary to the prescribed content, form or method (fourth and sixth paragraphs of Article 28);29. Offering to the market of fish caught during non-commercial fishing (Article 30);30. committing a serious violation of obligations from the concession contract during the performance of public service tasks in fishing (Article 36);31. acting contrary to the second paragraph of Article 44 of this Act;32. placing juvenile fish on the market without a permit (Article 45);33. placing on the market or displaying fishery products that do not comply with marketing standards (first paragraph of Article 49);34. informing consumers of fishery products being marketed contrary to Article 50 of this Act;35. failing to observe the extension of rules of a representative producer organisation (Article 54);36. failing to observe the extension of agreements and rules of operation of a representative inter-branch organisation (Article 60);37. failing to keep the prescribed fishing logbook or failing to keep it up to date (first paragraph of Article 77, Article 82); 38. failing to land fish at locations prescribed for landing (first paragraph of Article 78);39. placing fishery products on first-stage sale contrary to the third paragraph of Article 78 of this Act;40. failing to send the required information, or sending information late (first, second and third paragraphs of Article 79);41. failing to land fishery products according to the prescribed procedure (first, second and third paragraphs of Article 80);42. failing to report on the trans-shipment of fishery products in the prescribed manner (first paragraph of Article 81);43. acting contrary to the second paragraph of Article 81 of this Act;44. acting contrary to Article 82 of this Act with regard to the use of various fishing gears during a single fishing voyage;(2) A fine from SIT 25,000 up to 5 million shall be imposed on a natural person for committing the violations referred to in the preceding paragraph in the independent performance of an activity.(3) A fine from SIT 30,000 up to 500,000 shall be imposed on the responsible person of a legal person for the violations referred to in the first paragraph of this Article.

Article 96(violations by natural persons)

A fine from SIT 3,000 up to 150,000 shall be imposed on a natural person who commits one of the following violations:1. using fishing equipment that does not fulfil the prescribed technical conditions during sports and recreational fishing (first paragraph of Article 6);2. using devices that enable underwater breathing during sports and recreational fishing (eighth paragraph of Article 7);3. intentionally fishing for juvenile fish during sports or recreational fishing (first paragraph of Article 9);4. acting contrary to the third paragraph of Article 11 of this Act;5. engaging in sports or recreational fishing from a vessel in fishing reserves (sixth paragraph of Article 12);6. engaging in commercial fishing without a commercial fishing permit or special commercial fishing permit (first paragraph of Article 17, first paragraph of Article 24);7. engaging in non-commercial fishing without a permit (second paragraph of Article 27);8. engaging in sports fishing using an underwater gun without a permit (first paragraph of Article 29);9. engaging in recreational fishing using an underwater gun (second paragraph of Article 29);10. engaging in sports fishing using an underwater gun when this is prohibited (fourth paragraph of Article 29);11. carrying an underwater gun and equipment that enables underwater breathing at the same time on board a vessel from which fishing is performed (fifth paragraph of Article 29);12. swimming with an underwater gun where this is prohibited (sixth paragraph of Article 29);13. Offers to the market fish caught during non-commercial fishing (Article 30).

Article 97(penalties for violations by legal and natural persons)

(1) A fine from SIT 100,000 up to 1,5 million shall be imposed on a legal person that commits one of the following violations:1. failing to permit an inspector to carry out inspection uninterruptedly, obstructing or insulting him in the course of inspection, or failing to provide him with the requested documents, information, explanations or items (third paragraph of Article 88);2. failing to act in accordance with the executable decision by which an inspector orders the execution of the measures determined by this Act or by another regulation by the deadline laid down in the decision (fourth paragraph of Article 88)(2) A fine from SIT 50,000 up to 1 million shall be imposed on a natural person who commits the violations referred to in the preceding paragraph in the independent performance of an activity.(3) A fine from SIT 3,000 up to 150,000 shall be imposed on the responsible person of a legal person for the violations referred to in the first paragraph of this Article.

Article 98(on-the-spot fines for natural persons)

An on-the-spot fine of SIT 50,000 shall be imposed on a natural person who commits one of the following violations:1. engaging in recreational fishing without a daily or weekly recreational fishing ticket (third paragraph of Article 27);2. failing to carry a sports fishing permit during sports fishing (fifth paragraph of Article 27);3. failing to carry a daily or weekly recreational fishing ticket during recreational fishing (fifth paragraph of Article 27);4. engaging in sports or recreational fishing using prohibited fishing equipment or in a prohibited manner (first paragraph of Article 28);5. exceeding the permitted daily quantity of catch (first paragraph of Article 28);6. engaging in sports fishing using an underwater gun contrary to the first paragraph of Article 29 of this Act.

Article 99(protective measures)

(1) For the violations referred to in the second, third, fifth, ninth, tenth, eleventh, twelfth, fifteenth, seventeenth, eighteenth, twenty-first, twenty-fifth and twenty-sixth points of the first paragraph of Article 95 of this Act, a compulsory protective measure of temporary confiscation of a fishing vessel shall be imposed, in addition to the prescribed fine.(2) For the violation referred to in the fourth point of the first paragraph of Article 95 of this Act, a compulsory protective measure of temporary confiscation of a vessel shall be imposed, in addition to the prescribed fine.(3) For the violations referred to in the second, third, fifth, sixth, eighth, ninth, tenth, twelfth, fifteenth, eighteenth, twenty-first, twenty-fifth and twenty-sixth points of the first paragraph of Article 95 of this Act, a compulsory protective measure of permanent confiscation of fishing gears shall be imposed, in addition to the prescribed fine.(4) For the violation referred to in the fourth point of the first paragraph of Article 95 of this Act, a compulsory protective measure of permanent confiscation of a dredge shall be imposed, in addition to the prescribed fine.(5) In the case of a third consecutive violation referred to in the second, third, fifth, tenth, eleventh, twelfth, fifteenth, seventeenth, eighteenth, twentieth, twenty-first, twenty-fifth and twenty-sixth points of the first paragraph of Article 95 of this Act, a compulsory protective measure of permanent confiscation of a fishing vessel shall be imposed, in addition to the prescribed fine.(6) For the violations referred to in the ninth, tenth, eleventh, twelfth and thirteenth points of Article 96 of this Act, a compulsory protective measure of permanent confiscation of an underwater gun shall be imposed, in addition to the prescribed fine.(7) For the violations referred to in the third, fifth, sixth and eighth points of the first paragraph of Article 96 of this Act, a compulsory protective measure of permanent confiscation of a vessel, fishing equipment and catch shall be imposed, in addition to the prescribed fine.(8) The minimum duration of the measures referred to in the first, second and sixth paragraphs of this Article shall be one month and the maximum duration six months.

X. TRANSITIONAL AND FINAL PROVISIONS

Article 100(exemption from examination)

Persons who, in accordance with this Act, acquired the certificate of professional qualification to perform commercial fishing prior to the entry into force of this Act shall be exempt from taking the examination referred to in the second paragraph of Article 23 of this Act.

Article 101(forwarding of documents)

Administrative units shall be obliged to forward all documents relating to issued commercial fishing permits to the Ministry no later than three months after the entry into force of this Act.

Article 102(performers of professional tasks in the transitional period)

(1) Until the appointment or selection of performers of a public services according to this Act, the National Institute of Biology shall continue to perform the monitoring of fishery resources as a public service.(2) Until the issuing of implementing regulations or other acts regulating the financing of public services according to this Act, the financing of professional public service tasks shall be carried out as hitherto applied.

Article 103(executive regulations)

(1) The government and competent ministers shall issue executive regulations according to this Act within two months of the entry into force of this Act.(2) The Minister may also issue other implementing regulations necessary for the implementation of this Act.

Article 104(commencement of application of provisions)

Application of the provisions of Articles 32, 61, 80 and 81 of this Act shall commence on the day the Republic of Slovenia becomes a full member of the European Union.

Article 105 (cessation of validity)

(1) The validity of the Sea Fishing Act (Ur. l. SRS, 25/76, 29/86, 47/87; Ur. l. RS, 41/99) and of the regulations adopted on the basis thereof shall cease on the day this Act enters into force.(2) On the day this Act enters into force, the second indent of the first paragraph of Article 22 of the Agricultural Land Act (Ur. l. SRS, 59/96; 31/98 Constitutional Court Decision; 1/99 Replacement of the Retail Price Index with the Basic Consumer Price Index Act; 54/2000 Agriculture Act; and 68/2000 Constitutional Court Decision) shall be deleted, and the words “or fishing” and “or fish farm” in the third indent of the first paragraph of the same Article shall be deleted. (3) On the day this Act enters into force, the words “fishing and fish farming, except services related to fishing” shall be removed from the first paragraph of Article 3 of the Slovenian Agriculture and Forestry Chamber Act (Ur. l. RS, 41/99), and in the second paragraph of the same Article the word “fishing” shall be removed.

Article 106(application of legislative regulations)

Until the establishment of funding for fishing according to this Act, the provision of Article 135 of the Agriculture Act (Ur. l. RS, 54/2000) shall remain in force.

Article 107(application of implementing regulations)

Until the issuing of implementing regulations according to this Act, the implementing regulations listed below shall apply, provided they are not contrary to this Act:- Rules on the Conditions and Method of Engaging in Commercial and Sports Fishing (Ur. l. SRS, 20/77, 27/87; Ur. l. RS, 36/96);- Rules on the Method of Keeping Fishing Records, on the Form of Fishing Records, and on the Form of Permits for Commercial or Sports Fishing (Ur. l. SRS, 20/77, 27/87; Ur. l. RS, 36/96);- Rules on the Structure of the Commission and on the Number of Members, and on the Programme for Ascertaining the Professional Qualifications of Fishermen (Ur. l. SRS, 20/77, 27/87; Ur. l. RS, 36/96);- Order on the Definition and Protection of Fish Stocks and of Juvenile and Other Sea Animals (Ur. l. SRS, 20/77, 27/87);- Order on the Setting of Fees for Sports Sea fishing (Ur. l. RS, 34/96);- Ordinance on Marine Fishery(official announcements by the municipalities of Ilirska Bistrica, Izola, Koper, Piran, Postojna and Sežana, 42/87, Primorske Novice).

Article 108(transitional periods)

(1) Commercial fishing permits issued according to regulations shall be valid until commercial fishing permits are issued in accordance with this Act, but for not more than one year after the entry into force of this Act.

(2) The provisions of this Act referring to sports fishing permits and daily or weekly recreational fishing tickets shall apply as of 1 January 2003.

Article 109(restructuring programme for farmers/fishermen)

(1) Due to the new regulation of the status of those entitled to carry out commercial fishing activities, the Government shall adopt, within six months of the entry into force of this Act, a restructuring programme for fishermen who engage in sea fishing, hold farmer status and are considered farmers for the purposes of pension, disability and health insurance, and who will cease to engage in this activity because of non-fulfilment of the requirements laid down in Article 17 of this Act. The programme shall enable these persons to take early retirement or find employment elsewhere within the framework of the possibilities of active employment policy.(2) Notwithstanding the provisions of the first paragraph of Article 108 of this Act, commercial fishing permits shall not be valid for persons referred to in the preceding paragraph during their inclusion in the restructuring programme. (3) Persons referred to in the first paragraph of this Article may exercise rights in the field of pension, disability and health insurance as farmers for a maximum of 24 months after the entry into force of this Act.

Article 110(entry into force of this Act)

This Act shall enter into force on the thirtieth day after its publication in the Uradni list Republike Slovenije.

In Ljubljana, 4 July 2002

Presidentof the National Assembly

of the Republic of SloveniaBorut Pahor