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

Regulation (EU) 2017/1004 of the European Parliament and of the Council on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy U.K.

16.—(1) Regulation (EU) 2017/1004 of the European Parliament and of the Council on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy is amended as follows.

(2) In Article 1—

(a) in paragraph 1 omit “of the common fisheries policy”;

(b) in paragraph 2 for “Union legal acts” substitute “ applicable law ”; and

(c) in paragraph 3 for “Union legal acts” substitute “ applicable law ”.

(3) In Article 3(3)—

(a) for the comma immediately after “1380/2013” substitute “ or ”; and

(b) omit “or an area defined in the implementing act referred to in Article 9(11)”.

(4) In the heading of Chapter 2 omit “Union”.

(5) In the heading of Section 1 of Chapter 2 omit “Union”.

(6) In Article 5—

(a) in the heading omit “Union”;

(b) in paragraph 1—

(i) omit “Union”,

[F1 (ii) in point (b), for “a list of mandatory” substitute “requirements in relation to”, and

(iii) in point (c), for the words from “for Member States” to the end, substitute “to collect data based on fishing and aquaculture activities”;]

(c) in paragraph (2)—

(i) in point (a)—

(aa) omit “Union” in the first place it occurs,

(bb) for “Union waters” substitute “ United Kingdom waters ”, and

(cc) for “operation of the common fisheries policy” substitute “ regulation and management of fishing activities ”,

(ii) in point (b)—

(aa) for “Union fisheries” substitute “ fisheries within United Kingdom waters ”,

(bb) for “Union waters” substitute “ United Kingdom waters ”, and

(cc) for “Union” in the third place it occurs, substitute “ any law applying in the United Kingdom or any part of it ”,

(iii) in point (c)—

(aa) for “Union fishing vessels” substitute “ United Kingdom fishing vessels ”,

(bb) for “Union waters” substitute “ United Kingdom waters ”, and

(cc) for “Union fleet” substitute “ United Kingdom fleet ”,

(iv) in point (d) for “Union” substitute “ United Kingdom ”, and

(v) in point (e) for “Union” substitute “ United Kingdom ”;

(d) in paragraph 3 for “Union” substitute “ United Kingdom ”;

(e) in paragraph 4—

(i) omit “Union”, and

(ii) for “the Commission shall” substitute “ a fisheries administration must ”;

(iii) in point (a)—

(aa) for “implementation of the common fisheries policy” substitute “ regulation of fishing activities ”, and

(bb) omit the last sentence,

(iv) in point (c) omit “at Union level”,

(v) omit point (i), and

(vi) in point (j) for “Union and its Member States” substitute “ United Kingdom ”;

(f) in paragraph 5—

[F2 (zi) in the words before point (a), for “list of mandatory” substitute “requirements in relation to”, and]

(i) in point (a)—

(aa) for “management of the common fisheries policy” substitute “ regulation and management of fishing activities ”, and

(bb) for “its” substitute “ the ”; and

(g) omit paragraphs 6 and 7.

(7) For the heading of Section 2 of Chapter 2 substitute— “ Implementation of the multiannual programme ”.

(8) In Article 6—

[F3 (a) in paragraph 1—

(i) for “their current data collection obligations under Union law, Member States shall” substitute “other legal obligations to collect data, a fisheries administration must”,

(ii) omit “an operational programme, as referred to in Article 18 of Regulation (EU) No 508/2014, and”,

(iii) omit “Union” in the second place it occurs, and

(iv) omit “and pursuant to Article 21 of Regulation (EU) No 508/2014”;]

(b) omit paragraph 2;

(c) in paragraph 3—

(i) in point (a) omit “Union”, and

(ii) in point (g) for “Union and its Member States” substitute “ United Kingdom ”; F4 ...

(d) omit paragraph 4 [F5 ; and]

[F6 (e) after the omitted paragraph 4 insert—

“5.   The work plan for data collection of the United Kingdom approved under Commission Implementing Decision C(2019) 9493 of 19th December 2019 on approving the work plan of the United Kingdom for data collection in the fisheries and aquaculture sector for the period 2020-2021 is, until such time as it is replaced or amended under paragraph 6, the national work plan referred to in paragraph 1.

6.   Subject to paragraph 7, the Secretary of State may amend or replace the national work plan provided that the plan continues to comply with the requirements of this Article.

7.   Where, in the circumstances described in paragraph 8, the exercise of the power to amend or replace the national work plan under paragraph 6 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) 1380/2013, before amending or replacing the work plan the Secretary of State must obtain the consent of—

(a) the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of Regulation (EU) 1380/2013 in the circumstances described in paragraph 8;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of Regulation (EU) 1380/2013 in the circumstances described in paragraph 8;

(c) the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of Regulation (EU) 1380/2013 in the circumstances described in paragraph 8.

8.   The circumstances referred to in paragraph 7 are circumstances where the power in paragraph 6 is treated as a power to amend or replace the national work plan by “a fisheries administration” instead of a power exercisable by the Secretary of State.

9.   The Secretary of State must publish any amended or replacement versions of the national work plan together with a notice of the date on which any amendments or replacement versions take effect.”.]

(9) Omit Articles 7 to 11.

(10) In Article 12—

(a) in paragraph 1—

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

(ii) for “their” substitute “ its ”;

(b) in paragraph 2 for “Union” in each place it occurs, substitute “ United Kingdom ”; and

(c) in paragraph 3 for “Union” substitute “ United Kingdom ”.

(11) In Article 13 for “Member States shall” substitute “ A fisheries administration must ”.

(12) In Article 14—

(a) in paragraph 1 for “Member States shall be” substitute “ A fisheries administration is ”; and

(b) in paragraph 2—

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

(ii) omit point (c).

(13) Omit Article 15.

(14) In Article 16—

(a) in paragraph 1 for “Member States shall” substitute “ A fisheries administration must ”; and

(b) in paragraph 2—

(i) for “ [F7 The Member State] shall” substitute “ A fisheries administration must ”, and

(ii) omit “and the Commission”.

(15) In Article 17—

(a) in paragraph 1—

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

(ii) for “They” substitute “ It ”;

(b) in paragraph 2—

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

(ii) for “Member State” substitute “ fisheries administration ”, and

(iii) for “Member State concerned” substitute “ fisheries administration ”;

(c) in paragraph 3 for “Member States shall” substitute “ a fisheries administration must ”;

(d) in paragraph 4—

(i) for “Member States shall” in the first place it occurs, substitute “ a fisheries administration must ”, and

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

(e) in paragraph 5 for “Member States” substitute “ a fisheries administration ”;

(f) omit paragraph 6; and

(g) in paragraph 7—

(i) for “Member States” substitute “ a fisheries administration ”,

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

(iii) omit “and the Commission”.

(16) Omit Articles 18 and 19.

(17) In Article 20—

(a) in paragraph 1—

(i) in point (d) for “Commission and the Member States concerned” substitute “ fisheries administration ”,

(ii) in point (e) for “ [F8 Member States concerned and the Commission] ” substitute “ fisheries administration ”, and

(iii) in point (f) for “Member State concerned” substitute “ fisheries administration ”;

(b) omit paragraph 2; and

(c) in paragraph 3 for “the Commission may allow the Member State concerned to” substitute “ a fisheries administration may ”.

(18) In Article 21—

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

(b) for “their” substitute “ its ”; and

(c) for “Union” substitute “ United Kingdom ”.

(d) Omit Articles 22 to 24.

(19) Omit Article 27.

Textual Amendments

F1 Reg. 16(6)(b)(ii)(iii) substituted for reg. 16(6)(b)(ii) (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(a)(i)

F2 Reg. 16(6)(f)(zi) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(a)(ii)

F3 Reg. 16(8)(a) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(b)(i)

F4 Word in reg. 16(8)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(b)(ii)

F5 Word in reg. 16(8)(d) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(b)(iii)

F6 Reg. 16(8)(e) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 8(2)(b)(iv)

F7 Words in reg. 16(14)(b)(i) substituted (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(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in reg. 16(17)(a)(ii) substituted (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(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1