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

Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products U.K.

19.—(1) Regulation (EU) No 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products is amended as follows.

(2) In Article 1—

(a) in paragraph 3 omit “Council Regulation (EU) No 1220/2012 and by”;

(b) omit paragraph 4.

(3) In Article 2 for “Union” substitute “ United Kingdom ”.

(4) In Article 5—

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

(b) in point (f) for “Union” substitute “ United Kingdom ”.

(5) In Article 6(1) for “one or more Member States” substitute “ the United Kingdom ”.

(6) In Article 7—

(a) in paragraph 1(a) for “the Member State concerned” substitute “ a fisheries administration ”; and

(b) in paragraph 2 omit point (b).

(7) In Article 8—

(a) in paragraph (1)(c) for “Union” substitute “ United Kingdom ”; and

[F1 (b) in paragraph (2)—

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

(ii) omit point (c).]

(8) In Article 9(1) for “one or more Member States” substitute “ the United Kingdom ”.

(9) In Article 10 omit paragraph 2.

(10) In Article 11 for “one or more Member States” substitute “ the United Kingdom ”.

(11) In Article 12 omit “Union”.

(12) In Article 13—

(a) in point (a) for “Union” substitute “ applicable ”;

(b) in point (b) for “Union” substitute “ United Kingdom ”; and

(c) in point (c) omit “Union or national”.

(13) In Article 14—

(a) in paragraph 1—

(i) for “Member States” substitute “ A fisheries administration ”;

(ii) in point (b) for “territory of the Member State concerned” substitute “ United Kingdom ”; and

(iii) for point (c) substitute—

“(c) have legal personality, are established in the United Kingdom and have their official headquarters there;”.

(14) Omit Article 15.

(15) In Article 16—

(a) in paragraph 1—

(i) for “Member Sates” substitute “ A fisheries administration ”,

(ii) for “on their territory” substitute “ in the United Kingdom ”; and

(iii) for point (d) substitute—

“(d) have legal personality, are established in the United Kingdom and have their official headquarters there;”;

(b) in paragraph 2 for “the Member State concerned” substitute “ a fisheries administration ”; and

(c) in paragraph 3 for “decembre” substitute “ December ”.

(16) In Article 18—

(a) in the heading omit “by Member States”;

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

(c) omit paragraph 2.

(17) Omit Articles 19 and 20.

(18) In Article 22(1)—

(a) for “Member State” substitute “ fisheries administration ”; and

(b) in point (a)—

(i) for “one Member State” substitute “ the United Kingdom ”, and

(ii) for “the competent national authorities” substitute “ a fisheries administration ”;

(19) In Article 23—

(a) in paragraph 1—

(i) for “Member State” substitute “ fisheries administration ”;

(ii) in point (a)—

(aa) for “a Member State” substitute “ the United Kingdom ”, and

(bb) for “the competent national authorities” substitute “ a fisheries administration ”, and

(iii) in point (b) for “Member State concerned or the Union” substitute “ United Kingdom ”; and

(b) in paragraph 2 omit “, without prejudice to Article 25(4)”.

(20) In Article 24 for “the Member State concerned” substitute “ a fisheries administration ”.

(21) Omit Articles 25 to 27.

(22) In Article 28—

(a) in paragraph 1 for “its competent national authorities” substitute “ a fisheries administration ”;

(b) in paragraph 3 for “The competent national authorities shall” substitute “ A fisheries administration must ”;

(c) in paragraph 4 for “the competent national authorities” substitute “ a fisheries administration ”;

(d) in paragraph 5 for “its competent national authorities” substitute “ a fisheries administration ”;

(e) omit paragraph 6;

(f) in paragraph 7 for “Member States shall” substitute “ A fisheries administration must ”; and

(g) in paragraph 8 for “Member States shall” substitute “ a fisheries administration must ”.

(23) Omit Articles 30 to 32

(24) In Article 33(1) omit “(Union or imported)”.

(25) In Article 34(1) omit “Union”.

(26) In Article 35—

(a) in paragraph 1 for “within the Union” substitute “ in the United Kingdom ”;

(b) in paragraph 4 for “Member States” substitute “ A fisheries administration ”; and

(c) omit paragraphs 5 and 6.

(27) Omit Article 36.

(28) In Article 37—

(a) in paragraph 1—

(i) for “Member States shall” substitute “ the Secretary of State must ”,

(ii) for “their territory” substitute “ the United Kingdom ”, and

(iii) in point (b)(i) omit “in the official language or languages of the Member State concerned”; and

(b) omit paragraph 3.

(29) In Article 38(1)—

(a) in point (b) for “Member State” substitute “ United Kingdom ”; and

(b) in point (c) for “Member State or third country” substitute “ country ”.

(30) In Article 40—

(a) for “Articles 101 to 106 TFEU and their implementing provisions shall apply” substitute “ Part 1 of the Competition Act 1998 M1 applies ”; and

(b) omit “referred to in Article 101(1) and Article 102 TFEU”.

(31) In Article 41—

(a) in the heading for “Exceptions to” substitute “ Exclusions from ”;

(b) in paragraph 1—

(i) for “Article 101(1) TFEU shall” substitute “ the prohibition in Chapter 1 of the Competition Act 1988 does ”,

(ii) in point (a) after “TFEU” insert “ (as it had effect immediately before [F2 IP completion day]) ”, and

(iii) in point (c) omit “within the Union”;

(c) in paragraph 2—

(i) for “Article 101(1) TFEU shall” substitute “ the prohibition in Chapter 1 of the Competition Act 1998 does ”,

(ii) in point (a) after “TFEU” insert “ (as it had effect immediately before [F3 IP completion day]) ”,

(iii) in point (c) omit “within the Union”, and

(iv) in point (f) for “of the CFP” substitute “ specified in Article 2 of Regulation 1380/2013 ”; and

(d) after paragraph 2 insert—

“3.   The Competition and Markets Authority M2 may at any time give a direction to the effect that the exclusions in paragraphs (1) and (2) of this Article no longer apply to a particular agreement.

4.   Subparagraphs (4) to (8) of paragraph 9 of Schedule 3 to the Competition Act 1998 M3 apply to a direction under paragraph (3) of this Article as they apply to a direction under paragraph 9 of Schedule 3 to the Competition Act 1998.”.

(32) Omit Article 42.

(33) Omit Articles 48 and 49.

[F4 (34) Omit Annex 2.]

Textual Amendments

F1 Reg. 19(7)(b) 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), 11(4)(a)

F2 Words in reg. 19(31)(b)(ii) 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), 11(4)(b)(i)

F3 Words in reg. 19(31)(c)(ii) 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), 11(4)(b)(ii)

F4 Reg. 19(34) 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), 11(4)(c)

Commencement Information

I1 Reg. 19 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 1998 c. 41.

M2 The Competition and Markets Authority was established by section 25 of the Enterprise and Regulatory Reform Act 2013 (c. 24).

M3 1998 c. 41. Paragraph 9 of Schedule 3 was amended by the Enterprise and Regulatory Reform Act 2013, Schedule 5, Part 1, paragraph 55.