Regulation (EU) 2018/973 of the European Parliament and of the CouncilDangos y teitl llawn

Article 7 U.K. Safeguards

1. When scientific advice indicates that, for a given year, the spawning stock biomass and, in the case of Norway lobster stocks, the abundance of any of the stocks referred to in Article 1(1) are below MSY B_trigger, F1 ... appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing MSY. In particular, by way of derogation from Article 4(3) and (5), fishing opportunities shall be fixed at levels consistent with a fishing mortality that is reduced below the upper range of F_MSY, taking into account the [F2 current biomass or, in the case of Norway lobster, current abundance].

2. When scientific advice indicates that the spawning stock biomass and, in the case of Norway lobster stocks, the abundance of any of the stocks referred to in Article 1(1) are below the B_lim, further remedial measures shall be taken to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing MSY. In particular, those remedial measures may include, by way of derogation from Article 4(3) and (5), suspending the targeted fishery for the stock or functional unit concerned and the adequate reduction of fishing opportunities.

3. Remedial measures referred to in this Article may include:

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) measures pursuant to Articles 8 and 9 of this Regulation.

4. The choice of measures referred to in this Article shall be made taking into account the nature, seriousness, duration and repetition of the situation where the spawning stock biomass and, in the case of Norway lobster stocks, the abundance are below the levels referred to in Article 6.

[F4 5. The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 otherwise than in accordance with paragraphs 1 to 4.

6. If the Secretary of State makes a determination in reliance on paragraph 5 the Secretary of State must prepare and publish a document—

(a) describing the relevant change of circumstances, and

(b) explaining how the relevant change in circumstances affected the determination.

7. For the purposes of this Article, the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to—

(a) the international obligations of the United Kingdom,

(b) things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020),

(c) available scientific evidence, or

(d) available evidence relating to the social, economic or environmental elements of sustainable development.]

Textual Amendments

F1 Word in Art. 7(1) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(7)(a)(i) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F2 Words in Art. 7(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(7)(a)(ii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F3 Art. 7(3)(a) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(7); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 7(5)-(7) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(7)(b) (with Sch. 4 para. 31, Sch. 11 para. 15(3))