The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2019

Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European Eel U.K.

14.—(1) Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European Eel is amended as follows.

(2) In Article 1—

(a) for paragraph 1 substitute—

“1.   This Regulation establishes a framework for the protection and sustainable use of the stock of European eel of the species Anguilla anguilla in United Kingdom waters, in coastal lagoons, in estuaries and in rivers and inland waters of the United Kingdom that flow into the seas in ICES areas 4, 6 and 7.”; and

(b) omit paragraphs 2 and 3.

(3) After Article 1 insert—

“Article 1A U.K. Eel Management Plans

1.   References in this Regulation to an “Eel Management Plan” are references to—

(a) each Eel Management Plan which was, immediately before exit day, the Eel Management Plan approved by the European Commission under Article 5(1) of the Council Regulation in relation to a river basin within the United Kingdom; or

(b) any Eel Management Plan referred to in point (a) which has been amended in accordance with the requirements of this Regulation.

2.   In this Article “the Council Regulation” means Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel M1 as it had effect in EU law before exit day.”.

(4) In Article 2—

(a) for the heading substitute— “ Eel Management Plans: objectives and content ”;

(b) omit paragraphs 1, 2 and 3

(c) in paragraph 4—

(i) for “shall be” in the first place it occurs, substitute “ is ”, and

(ii) for the final sentence substitute “ This objective is a long term objective ”;

(d) in paragraph 7 for “The Member States” substitute “ A fisheries administration ”;

(e) in paragraph 10 for “In the Eel Management Plan, each Member State shall implement appropriate measures” substitute “ A fisheries administration must ensure that appropriate measures are implemented ”;

(f) in paragraph 11 for “Community” substitute “ United Kingdom ”; and

(g) omit paragraph 12.

(5) Omit Articles 3 and 4.

(6) Omit Article 6.

(7) In Article 7—

(a) in paragraph 1—

(i) for “Member State” in the first place it occurs, substitute “ fisheries administration ”,

(ii) for the words from “, either as part” to “with Article 4(2) or Article 5(4)” substitute “ as part of an Eel Management Plan ”,

(iii) for “that Member State” substitute “ the United Kingdom ”, and

(iv) for “as defined by Member States according to Article 2(1)” substitute “ in accordance with Eel Management Plans ”;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) for “the respective percentages set out in paragraph [F1 2],” substitute “ 60% ”, and

(ii) for “Member States” substitute “ a fisheries administration ”;

(d) in paragraph 4 for “Article 2” substitute “ Article 1A ”;

(e) omit paragraph 5;

(f) omit paragraph 7; and

(g) in paragraph 8—

(i) for “Article 38(2) of Regulation (EC) No 1198/2006” substitute “ Article 11(f) of Regulation (EU) No 508/2014 ”, and

(ii) in the first indent omit “established in accordance with Article 2”.

(8) In Article 8—

(a) in the heading for “Community” substitute “ United Kingdom ”;

(b) in paragraph 1—

(i) for “Member State” in each place it occurs, substitute “ fisheries administration ”, and

(ii) for “Community” substitute “ United Kingdom ”; and

(c) in paragraph 2—

(i) for “Community” substitute “ United Kingdom ”, and

(ii) for “by Member States according to Article 2(1)” substitute “ in Eel Management Plans ”.

(9) In Article 9—

(a) in paragraph 1—

(i) in the first paragraph for “Each Member State shall report to the Commission” substitute “ A fisheries administration must ensure that for each Eel Management Plan a report is prepared and published ”,

(ii) in point (a)—

(aa) omit “for each Member State,”,

(bb) for “that Member State” substitute “ the United Kingdom ”, and

(cc) for “Article 2(4)” substitute “ the Eel Management Plan ”,

(iii) in point (b) for “Articles 4(2) and 5(4)” substitute “ the Eel Management Plan ”, and

(iv) in point (c) for “Article 2(10)” substitute “ the Eel Management Plan ”; and

(b) omit paragraphs 2 and 3.

(10) In Article 10—

(a) in the heading for “other than Community” substitute “ outside United Kingdom ”;

(b) in paragraph 1—

(i) for “Member States shall” substitute “ A fisheries administration must ”,

(ii) for “their inland fisheries” substitute “ inland fisheries within the United Kingdom ”, and

(iii) for “Regulation (EEC) No 2847/93” substitute “ Council Regulation (EC) No 1224/2009 ”;

(c) in paragraph 2, for “by Member States according to Article 2(1)” substitute “ in Eel Management Plans ”.

(11) Omit Article 11.

(12) In Article 12—

(a) for “Member States shall” substitute “ A fisheries administration must ”;

(b) in the first indent for “their territory” substitute “ the United Kingdom ”;

(c) in the second indent—

(i) for “Community area” substitute “ United Kingdom ”,

(ii) omit “from their territory”, and

(iii) omit “Community”; and

(d) in the third indent for “their territory” substitute “ the United Kingdom ”.

(13) Omit Article 13.

Textual Amendments

F1 Word in reg. 14(7)(c)(i) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 8(4); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 OJ No. L 248, 22.9.2007, p.17.