S.L. 549.111 Art. 22Offences and penalties Cap. 9. Cap. 9. Cap. 9.

(1) Any person -

(a) who fails to observe the provisions of these regulations, or those of the Council Regulation, or fails to obey a lawful order given by virtue of such regulations; or

(b) who infringes any restriction, prohibition or need imposed by these regulations or the Council Regulation or by virtue thereof; or

(c) who fails to observe any condition of mutually agreed terms, prior informed consent or permit granted under any provision of these regulations or under the Principal Regulations; or

(d) who acts in contravention of any provision of these regulations or the Council Regulation; or

(e) who makes a statement or presents information or documentation, which such person knows to be false, for the purpose of obtaining mutually agreed terms, prior informed consent or a permit in terms of these regulations and, or the Council Regulation, or

(f) who conspires or attempts to conspire, aids or attempts to aid, abets or attempts to abet, counsels or attempts to counsel, procures or attempts to procure, any other person to contravene the provisions of these regulations or the Council Regulation, including any lawful order given by virtue of such regulations, or to infringe any restriction, prohibition or need imposed by such regulations or by virtue thereof;

(g) who fails to comply with the provisions of Articles 4 and 7 of the Council Regulation (obligation to keep information for twenty years after utilisation), shall be guilty of an offence against these regulations.

(2) Any person who commits or attempts to commit an offence against these regulations shall, on conviction, be liable:

(a) in the case of a first offence, to a fine (multa) of not less than eight hundred euro (€800), but not exceeding four thousand and six hundred and fifty-eight euro and seventy-five cents (€4,658.75);

(b) in the case of a second or subsequent offences, to a fine (multa) of not less than six thousand euro (€6,000), but not exceeding ten thousand euro (€10,000), or to imprisonment for a period not exceeding two years, or to both such fine and imprisonment: Provided that such fine shall in all cases be due to the Government as a civil debt, and that where the person guilty of the offence is a director, secretary or manager of a body corporate for the economic benefit of which the offence was committed, such body corporate shall be liable in solidum with the offender for the [

payment of the said civil debt.

(3) Any person who has been found guilty of committing an offence against these regulations or the Council Regulation shall also be liable to pay for the expenses incurred for the keeping and transport of the concerned specimen, and for any other expense incurred or mitigation measures undertaken to remedy such doings, damage and infringement.

(4) The provisions of articles 23 and 30(1) of the Criminal Code shall, mutatis mutandis, apply to proceedings in respect of offences against these regulations or the Council Regulation, so however that the disqualification of obtaining prior informed consent or of a permit under these regulations shall in no case be for less than one year.

(5) Notwithstanding the provisions of article 370 of the Criminal

Code, proceedings for an offence against these regulations or the Council Regulation shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts as courts of criminal judicature.

(6) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of proceedings for any offence against these regulations.