Regulation (EU) 2017/1130 of the European Parliament and of the CouncilDangos y teitl llawn

Article 1 U.K. General provision

The definitions of characteristics of fishing vessels laid down in this Regulation shall apply to all [F1 relevant retained direct EU legislation].

Textual Amendments

F1 Words in Art. 1 substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 32(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Length

1. The length of a vessel shall be the length overall, defined as the distance in a straight line between the foremost point of the bow and the aftermost point of the stern.

For the purposes of this definition:

(a) the bow shall be taken to include the watertight hull structure, forecastle, stem and forward bulwark, if fitted, but shall exclude bowsprits and safety rails;

(b) the stern shall be taken to include the watertight hull structure, transom, poop, trawl ramp and bulwark, but shall exclude safety rails, bumkins, propulsion machinery, rudders and steering gear, and divers' ladders and platforms.

The length overall shall be measured in metres with an accuracy of two decimals.

2. When the length between perpendiculars is referred to in [F2 relevant retained direct EU] legislation, it shall be defined as the distance measured between the forward and the after perpendiculars as defined by the International Convention for the Safety of Fishing Vessels.

The length between perpendiculars shall be measured in metres with an accuracy of two decimals.

Textual Amendments

F2 Words in Art. 2(2) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 32(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Breadth

The breadth of a vessel shall be the maximum breadth as defined in Annex I to the International Convention on Tonnage Measurement of Ships (the ‘1969 Convention’).

The overall breadth shall be measured in metres with an accuracy of two decimals.

Article 4 U.K. Tonnage

1. The gross tonnage of fishing vessels with a length overall equal to, or greater than, 15 metres shall be measured as specified in Annex I to the 1969 Convention.

2. The gross tonnage of fishing vessels with a length overall of less than 15 metres shall be measured in accordance with the formula set out in Annex I to this Regulation.

3. When net tonnage is referred to in [F3 relevant retained direct EU legislation], it shall be defined as specified in Annex I to the 1969 Convention.

Textual Amendments

F3 Words in Art. 4(3) substituted (31.12.2020) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 32(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Engine power

1. The engine power shall be the total of the maximum continuous power which can be obtained at the flywheel of each engine and which can, by mechanical, electrical, hydraulic or other means, be applied to vessel propulsion. However, where a gearbox is incorporated into the engine, the power shall be measured at the gearbox output flange.

No deduction shall be made in respect of auxiliary machines driven by the engine.

The unit in which engine power is expressed shall be the kilowatt (kW).

2. The continuous engine power shall be determined in accordance with the requirements adopted by the International Organisation for Standardisation in its recommended International Standard ISO 3046/1, second edition, October 1981.

3. [F4 The Secretary of State may, by regulations, amend] paragraph 2 of this Article in order to adapt the reference to the relevant ISO International Standard to technical progress.

[F5 4. Regulations made by the Secretary of State under paragraph 3 are to be made by statutory instrument.

5. A statutory instrument containing regulations made by the Secretary of State under paragraph 3 is subject to annulment in pursuance of a resolution of either House of Parliament.

6. Before making any regulations under paragraph 3, the Secretary of State must consult—

(a) the Scottish Ministers;

(b) the Welsh Ministers;

(c) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland; and

(d) such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations and such other bodies or persons as the Secretary of State may consider appropriate.]

Textual Amendments

F4 Words in Art. 5(3) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 40(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 5(4)-(6) inserted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 40(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 6 U.K. Date of entry into service

The date of entry into service shall be the date of the first issue of an official safety certificate.

Notwithstanding the first paragraph, the date of entry into service shall be the date of the first entry in an official register of fishing vessels:

(a)

if an official safety certificate is not issued; or

(b)

in the case of fishing vessels which entered into service before 1 December 1986.

F6 Article 7 U.K. Exercise of the delegation

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Textual Amendments

F6 Art. 7 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 32(5); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Repeal

Regulation (EEC) No 2930/86 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex III.

F7 Article 9 U.K. Final provisions

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Textual Amendments

F7 Art. 9 omitted (31.12.2020) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/739), regs. 1, 32(5); 2020 c. 1, Sch. 5 para. 1(1)

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 14 June 2017.

For the European Parliament

The President

A. Tajani

For the Council

The President

H. Dalli