Regulation (EU) 2018/973 of the European Parliament and of the CouncilShow full title

CHAPTER I U.K. SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 U.K. Subject-matter and scope

1. This Regulation establishes a multiannual plan (‘the plan’) for the following demersal stocks in [F1 United Kingdom waters] of the North Sea (ICES divisions 2a, 3a and subarea 4), including the fisheries exploiting those stocks, and, where those stocks extend beyond the North Sea, in [F2 adjacent United Kingdom waters]:

(a) Cod (Gadus morhua) in subarea 4 (North Sea) and divisions 7d (Eastern Channel) and 3a.20 (Skagerrak);

(b) Haddock (Melanogrammus aeglefinus) in subarea 4 (North Sea) and divisions 6a (West of Scotland) and 3a.20 (Skagerrak);

(c) Plaice (Pleuronectes platessa) in subarea 4 (North Sea) and division 3a.20 (Skagerrak);

(d) Saithe (Pollachius virens) in subareas 4 (North Sea) and 6 (Rockall and West of Scotland) and division 3a (Skagerrak and Kattegat);

(e) Sole (Solea solea) in subarea 4 (North Sea);

F3 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) Whiting (Merlangius merlangus) in subarea 4 (North Sea) and division 7d (Eastern English Channel);

(h) Anglerfish (Lophius piscatorius) in division 3a (Skagerrak and Kattegat) and subareas 4 (North Sea) and 6 (Rockall and West of Scotland);

F4 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) Norway lobster in subarea 4 (North Sea) by Functional Unit:

• (k) Norway lobster in Botney Gut-Silver Pit (Functional Unit 5);

• Norway lobster in Farn Deeps (Functional Unit 6);

• Norway lobster in Fladen Ground (Functional Unit 7);

• Norway lobster in Firth of Forth (Functional Unit 8);

• Norway lobster in Moray Firth (Functional Unit 9);

• Norway lobster in Noup (Functional Unit 10);

• F6 ...

• F6 ...

• Norway lobster in Devil's Hole (Functional Unit 34).

Where scientific advice indicates a change in the geographical distribution of the stocks listed in the first subparagraph of this paragraph, the [F7 Secretary of State may, subject to paragraph 2A, by regulations amend] this Regulation by adjusting the areas listed in the first subparagraph of this paragraph in order to reflect that change. F8 ...

2. Where, on the basis of scientific advice, the [F9 Secretary of State] considers that the list of stocks set out in the first subparagraph of paragraph 1 needs to be amended, the [F10 Secretary of State may, subject to paragraph 2A, by regulations amend that list].

[F11 2A. Where, in the circumstances described in paragraph 2B, the exercise of the power to make regulations under paragraph 1 or 2 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under either of those powers 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 that Regulation in the circumstances described in paragraph 2B;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation in the circumstances described in paragraph 2B;

(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 that Regulation in the circumstances described in paragraph 2B.

2B. The circumstances referred to in paragraph 2A are circumstances where the power in paragraph 1 or, as the case may be, the power in paragraph 2 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.]

3. With respect to adjacent waters referred to in paragraph 1 of this Article, only Articles 4 and 6 and the measures related to fishing opportunities under Article 7 shall apply.

4. This Regulation also applies to by-catches caught in [F12 United Kingdom waters in] the North Sea when fishing for the stocks listed in the first subparagraph of paragraph 1. However, where ranges of F_MSY and safeguards linked to biomass are established for those stocks under other [F13 enactments] establishing multiannual plans, those ranges and safeguards shall apply.

5. This Regulation also specifies details for the implementation of the landing obligation in [F14 United Kingdom waters] of the North Sea for all stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.

Textual Amendments

F1 Words in Art. 1(1) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(1) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 1(1)(f) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F4 Art. 1(1)(i) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F5 Art. 1(1)(j) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(2)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F6 Words in Art. 1(1)(k) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(2)(b) (with Sch. 4 para. 31, Sch. 11 para. 15(3))

F7 Words in Art. 1(1) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 1(1) 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(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 1(2) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 1(2) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 1(2A)(2B) inserted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 7(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 1(4) inserted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Word in Art. 1(4) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 1(5) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Definitions

For the purposes of this Regulation, the following definitions apply in addition to those laid down in Article 3 of Council Regulation (EC) No 850/98(1), Article 4 of Council Regulation (EC) No 1224/2009(2) and Article 4 of Regulation (EU) No 1380/2013:

(1)

‘Range of F_MSY’ means a range of values provided for in the best available scientific advice, in particular by the International Council on the Exploration of the Sea (ICES), where all levels of fishing mortality within that range result in maximum sustainable yield (MSY) in the long term with a given fishing pattern and under current average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the MSY. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (B_lim) is no more than 5 %;

(2)

‘MSY F_lower’ means the lowest value within the range of F_MSY;

(3)

‘MSY F_upper’ means the highest value within the range of F_MSY;

(4)

‘F_MSY point value’ is the value of the estimated fishing mortality that with a given fishing pattern and under current average environmental conditions gives the long-term MSY;

(5)

‘Lower range of F_MSY’ means a range that contains values from MSY F_lower up to F_MSY point value;

(6)

‘Upper range of F_MSY’ means a range that contains values from F_MSY point value up to MSY F_upper;

(7)

‘B_lim’ means the spawning stock biomass reference point provided for in the best available scientific advice, in particular by ICES, below which there may be reduced reproductive capacity;

(8)

‘MSY B_trigger’ means the spawning stock biomass and, in the case of Norway lobster stocks, the abundance reference point provided for in the best available scientific advice, in particular by ICES, below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term;

(9)

[F15 ‘enactment’ has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018.]

Textual Amendments

F15 Art. 2(9) inserted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(3); 2020 c. 1, Sch. 5 para. 1(1)

(1)

Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1).

(2)

Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).