The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

Statutory Instruments

2019 No. 848

Exiting The European Union

Sea Fisheries

The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

Made

28th March 2019

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1 , makes the following Regulations.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Marginal Citations

M1 2018 c. 16.

PART 1 U.K. INTRODUCTORY

Citation and commencement U.K.

1.  These Regulations may be cited as the Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2019 and come into force on the later of exit day or the day after the day on which they are made.

Commencement Information

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

PART 2 U.K. AMENDMENT OF THE DISCARD PLANS

Commission Delegated Regulation (EU) 2018/2034 establishing a discard plan for certain demersal fisheries in North-Western waters for the period 2019-2021 U.K.

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2 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), 3

Commission Delegated Regulation (EU) 2018/2035 specifying details of implementation of the landing obligation for certain demersal fisheries in the North Sea for the period 2019-2021 U.K.

F2 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 3 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), 3

Commission Delegated Regulation (EU) No 1395/2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea U.K.

4.—(1) Commission Delegated Regulation (EU) No 1395/2014 establishing a discard plan for certain small pelagic fisheries and fisheries for industrial purposes in the North Sea is amended as follows.

(2) For Article 5 substitute—

“Article 5 U.K. Application

This Regulation applies until 31 December 2020.”.

(3) In the Annex—

(a) in paragraph 3 for “referred to in Article 15(1)(a) of Regulation (EU) No 1380/2013” substitute “ (mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine, sprat) ”; and

(b) in paragraph 4 for “Union” substitute “ United Kingdom ”.

Commencement Information

I2 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 3 U.K. AMENDMENT OF THE DEEP SEA FISHING REGULATION

Council Regulation (EU) 2018/2025 fixing for 2019 and 2020 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks U.K.

5.—(1) Council Regulation (EU) 2018/2025 fixing for 2019 and 2020 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks is amended as follows.

(2) Omit Article 1.

(3) In Article 2—

(a) in paragraph 1—

(i) omit point (a),

[F3 (ii) omit point (b),]

(iii) in point (c) for “State” substitute “ state or country ”, and

(iv) omit point (d); and

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

(4) Omit Articles 3 to [F4 6].

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In Article 7—

(a) in paragraph 1 for “Union” in both places it occurs, substitute “ United Kingdom ”; and

(b) in paragraph 2—

(i) for “Union” in each place it occurs, substitute “ United Kingdom ”, and

(ii) omit the words from “, with the exception of cases” to the end.

(7) Omit Articles 8 and 9.

(8) In the Annex—

(a) in Part 1, omit paragraph 1 and the table immediately following it; and

(b) omit Part 2.

Textual Amendments

F3 Reg. 5(3)(a)(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), 16(a)

F4 Word in reg. 5(4) 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), 16(b)

F5 Reg. 5(5) 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), 16(c)

Commencement Information

I3 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

F6 PART 4 U.K. AMENDMENT OF THE TAC AND QUOTA REGULATION

Textual Amendments

F6 Pt. 4 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), 3

Council Regulation (EU) 2019/124 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters U.K.

F6 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Robert Goodwill

Minister of State

Department for Environment, Food and Rural Affairs

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) (in particular under section 8(2)(a), (b), (c), (d) and (g)) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to retained direct EU legislation in the field of the common fisheries policy of the European Union.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.