CASE OF RIIHIKALLIO AND OTHERS v. FINLAND

The import or export of shark fins, or things containing them, is exempt from the prohibition in section 1 if— An exemption certificate must—

If a person does not pay the whole or any part of a penalty which the person is liable to pay under this Schedule (including an amount payable by virtue of paragraph 6(3)), the penalty or part of the penalty is recoverable—

A person applying for an exemption certificate (an “applicant”) must provide such information as the appropriate authority requests. The appropriate authority must grant the application and issue an exemption certificate to the applicant if— and must otherwise refuse the application. If the appropriate authority refuses the application, the authority must inform the applicant why it has been refused.

In this Schedule “appropriate authority” means—

Where an exemption certificate has been issued but, before the import or export takes place, it appears to the appropriate authority that any information supplied in connection with the application is, or has become, inaccurate or incomplete, the authority may— The appropriate authority must revoke an exemption certificate if— If the appropriate authority revokes an exemption certificate, the authority must inform the applicant why it has been revoked.

Sub-paragraph (2) applies where the appropriate authority is satisfied that, in connection with an application for an exemption certificate, the applicant provided inaccurate or incomplete information or provided a document that contained an inaccuracy and— The appropriate authority may impose a monetary penalty on the applicant. In this Schedule “monetary penalty” means a requirement to pay the appropriate authority a penalty of an amount, not exceeding £3,000, determined by the authority. The appropriate authority may by regulations amend sub-paragraph (3) so as to substitute a different amount for the amount for the time being specified there. Regulations made by the Secretary of State under sub-paragraph (4) must be made by statutory instrument; and a statutory instrument containing such regulations may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. Regulations made by the Welsh Ministers under sub-paragraph (4) must be made by statutory instrument; and a statutory instrument containing such regulations may not be made unless a draft of the instrument has been laid before, and approved by resolution of, Senedd Cymru. Regulations made by the Scottish Ministers under sub-paragraph (4) are subject to the affirmative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

Where the appropriate authority proposes to impose a monetary penalty on an applicant the authority must give the applicant a notice of what is proposed (an “initial penalty notice”). An initial penalty notice must offer the applicant the opportunity to avoid liability in relation to a monetary penalty by payment of a sum specified in the notice (which must be less than or equal to the amount of the proposed penalty). The applicant may make written representations and objections to the appropriate authority in relation to the proposed imposition of the monetary penalty within the period of 28 days beginning with the day on which the initial penalty notice is given. After the end of the period mentioned in sub-paragraph (3) the appropriate authority must decide whether to give the applicant a notice imposing a monetary penalty (a “final penalty notice”). The appropriate authority may not give an applicant a final penalty notice if the authority is no longer satisfied as mentioned in paragraph 4(1). The penalty specified in the final penalty notice may be— An initial or final penalty notice may be withdrawn at any time by the appropriate authority.

An initial penalty notice must include information as to— A final penalty notice must include information as to— A final penalty notice may provide for interest or other penalties specified in the notice to be payable in the event that payment is not made in the period referred to in sub-paragraph (2)(c).

An applicant may appeal to the First-tier Tribunal against the decision— An appeal may be on the ground— An appeal against a decision mentioned in sub-paragraph (1)(c) may also be on the ground that the amount of penalty imposed by the notice is unreasonable. On an appeal against a decision mentioned in sub-paragraph (1)(a) or (b), the First-tier Tribunal may— On an appeal against a decision mentioned in sub-paragraph (1)(c), the First-tier Tribunal may— Where an appeal under this paragraph is made against a decision mentioned in sub-paragraph (1)(c)— In this paragraph, references to the First-tier Tribunal, in relation to a decision of the Scottish Ministers, are to the First-tier Tribunal for Scotland.