This order, which comes into force on 11 May 2018, is made under the Customs and Excise Act 1996. It prohibits the exportation of 2 species of toothfish unless—

• the toothfish is covered by an appropriately completed catch document; and

• if the toothfish has, at any time before the exportation, been landed (within the meaning of the Conservation Measure as defined in this order), the toothfish is covered by an appropriately completed export document or, if appropriate, re-export document.

Those documents are required by the catch documentation scheme for toothfish under Conservation Measure 170/XVIII. That Conservation Measure was adopted by the Commission for the Conservation of Antarctic Marine Living Resources in 1999, under Article IX of the Convention on the Conservation of Antarctic Marine Living Resources (sometimes called CCAMLR). The Conservation Measure is from time to time carried forward, with any amendments or modifications, by the Commission (as, for example, in Conservation Measure 10-05 (2017)).

The Fisheries (Toothfish Catch Documentation Scheme) Regulations 2000 also give effect to the Conservation Measure.

This order continues the prohibition in the Customs Export Prohibition (Toothfish) Order 2015, and revokes that order.

This order is a confirmable instrument under section 47B of the Legislation Act 2012. It is revoked at the close of 30 June 2019 under section 47C(1)(a) of that Act, unless earlier confirmed by an Act of Parliament. If the order is confirmed, it will be revoked at the end of 30 September 2019 (see clause 3). Revocation on 30 September 2019 aligns with the expiry of the Customs Import Prohibition (Southern Bluefin Tuna) Order 2016. Aligning the revocation and expiry dates will allow for consideration of whether both prohibitions should be re-implemented through regulations made under the Fisheries Act 1996, rather than the current mechanism of Orders in Council under the Customs and Excise Act 1996.