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Regulation (EU) 2019/1241 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005
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Changes over time for: ANNEX XIII
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Changes and effects yet to be applied to Annex XIII:
- Art. 6(55) semicolon substituted for full stop by S.I. 2024/1028 reg. 2(2)(a)
- Art. 6(56) inserted by S.I. 2024/1028 reg. 2(2)(b)
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Art. 6(55) semicolon substituted for full stop by S.I. 2024/1028 reg. 2(2)(a)
- Art. 6(56) inserted by S.I. 2024/1028 reg. 2(2)(b)
ANNEX XIIIU.K.MITIGATION MEASURES TO REDUCE INCIDENTAL CATCHES OF SENSITIVE SPECIES
The following measures to monitor and reduce incidental catches of sensitive species shall apply:
1.
The measures set out in Parts A, B and C.
2.
[F1A fisheries administration must] take the necessary steps to collect scientific data on incidental catches of sensitive species.
3.
[F2As a result of scientific evidence, validated by ICES or a similar independent scientific body recognised at international level, of negative impacts of fishing gear on sensitive species, a fisheries administration may, by regulations made under Article 15, provide for additional mitigation measures for the reduction of incidental catches of the concerned species or in a concerned area.]
4.
[F3A fisheries administration must] monitor and assess the effectiveness of the mitigation measures established under this Annex.
Textual Amendments
F1Words in Annex 13 point 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), 5(39)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Annex 13 point 3 substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Annex 13 point 4 substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(c); 2020 c. 1, Sch. 5 para. 1(1)
PART AU.K.Cetaceans
1.Fisheries in which the use of acoustic deterrent devices is mandatoryU.K.
1.1.It shall be prohibited for vessels with an overall length of 12 m or more to use the fishing gear in specific areas as defined below without the simultaneous use of active acoustic deterrent devices.U.K.
| Area | Gear |
|---|---|
| F4. . . | F4. . . |
| F4. . . | F4. . . |
| ICES sub-area 4 F5... | Any bottom-set gill net or entangling net, or combination of these nets, the total length of which does not exceed 400 m |
| Any bottom-set gillnet or entangling net ≥ 220 mm | |
| ICES divisions 7e, 7f, 7g, 7h and 7j | Any bottom-set gillnet or entangling net |
| ICES division 7d | Any bottom-set gillnet or entangling net |
Textual Amendments
F4Words in Annex 13 Pt. A point 1.1 table omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Annex 13 Pt. A point 1.1 table omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
1.2.Point 1.1 shall not apply to fishing operations conducted solely for the purpose of scientific investigation which are carried out with the authorisation and under the authority of the [F6fisheries administration] concerned and which aim at developing new technical measures to reduce the incidental capture or killing of cetaceans.U.K.Textual Amendments
F6Words in Annex 13 Pt. A point 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), 5(39)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F6Words in Annex 13 Pt. A point 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), 5(39)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
1.3.[F7A fisheries administration must] take necessary steps to monitor and assess by means of scientific studies or pilot projects, the effects of acoustic deterrent device use over time in the fisheries and areas concerned.U.K.Textual Amendments
F7Words in Annex 13 Pt. A point 1.3 substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F7Words in Annex 13 Pt. A point 1.3 substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(iii); 2020 c. 1, Sch. 5 para. 1(1)
2.Fisheries to be monitoredU.K.
2.1.Monitoring schemes shall be undertaken on an annual basis and established for vessels F8... with an overall length of 15 m or more to monitor cetacean by-catch, for the fisheries and under the conditions defined below.U.K.
| Area | Gear |
|---|---|
| ICES sub-areas 6, 7 and 8 | Pelagic trawls (single and pair) |
| F9. . . | F9. . . |
| ICES divisions 6a, 7a, F10... | Bottom-set gillnet or entangling nets using mesh sizes equal to or greater than 80 mm |
| ICES sub area 4, ICES division 6a, and ICES sub-area 7 F11... | Driftnets |
| [F12ICES sub-area 4] | Pelagic trawls (single and pair) |
| ICES sub-areas 6, 7, 8 F13... | High-opening trawls |
| F14. . . | F14. . . |
Textual Amendments
F9Words in Annex 13 Pt. A point 2.1 table omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(v)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Annex 13 Pt. A point 2.1 table omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(v)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Annex 13 Pt. A point 2.1 table omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(v)(cc); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Annex 13 Pt. A point 2.1 table substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(v)(dd); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Annex 13 Pt. A point 2.1 table omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(v)(ee); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Annex 13 Pt. A point 2.1 table omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(v)(ff); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F8Words in Annex 13 Pt. A point 2.1 omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(iv); 2020 c. 1, Sch. 5 para. 1(1)
2.2.Point 2.1 shall not apply to fishing operations conducted solely for the purpose of scientific investigation which are carried out with the authorisation and under the authority of the [F15fisheries administration] concerned and which aim at developing new technical measures to reduce the incidental capture or killing of cetaceans.U.K.Textual Amendments
F15Words in Annex 13 Pt. A point 2.2 substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(vi); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F15Words in Annex 13 Pt. A point 2.2 substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(d)(vi); 2020 c. 1, Sch. 5 para. 1(1)
PART BU.K.Seabirds
Where the data referred to in point 2 of the introductory paragraph of this Annex indicate a level of incidental catches of seabirds in specific fisheries which constitutes a serious threat to the conservation status of those seabirds, [F16a fisheries administration must require the use of] bird scaring lines and/or weighted lines, if it is scientifically proven that such use has a conservation benefit in that area, and where practical and beneficial shall set longlines during the hours of darkness with the minimum of deck lighting necessary for safety.
Textual Amendments
F16Words in Annex 13 Pt. B substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(e); 2020 c. 1, Sch. 5 para. 1(1)
F17PART CU.K.Marine turtles
1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F17Annex 13 Pt. C omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(39)(f); 2020 c. 1, Sch. 5 para. 1(1)
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