1.The catching, retention on board, transhipment or landing of marine mammals or marine reptiles referred to in Annexes II and IV to Directive 92/43/EEC and of species of seabirds covered by Directive 2009/147/EC shall be prohibited.
2.When caught, species referred to in paragraph 1 shall not be harmed and specimens shall be promptly released.
3.Notwithstanding paragraphs 1 and 2, the retention on board, transhipment or landing of specimens of marine species referred to in paragraph 1 which have been caught accidentally, shall be permitted as far as this activity is necessary to secure assistance for the recovery of the individual animals and to allow for scientific research on incidentally killed specimens, provided that the competent F1... authorities [F2of the fisheries administration] concerned have been fully informed in advance as soon as possible after the catch and in accordance with [F3relevant retained direct EU legislation].
4.On the basis of the best available scientific advice a [F4fisheries administration] may [F5by regulations] put in place mitigation measures or restrictions on the use of certain gear. Such measures shall minimise, and where possible eliminate, the catches of the species referred to in paragraph 1 of this Article F6... and be at least as stringent as technical measures applicable under [F7relevant retained direct EU legislation].
5.Measures adopted pursuant to paragraph 4 of this Article shall aim at achieving the target set out in point (b) of Article 4(1). F8...
Textual Amendments
F1Word in Art. 11(3) 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(11)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 11(3) inserted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 11(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(11)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 11(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(11)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 11(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(11)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 11(4) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 11(4) (with Sch. 4 para. 31, Sch. 11 para. 15(5))
F7Words in Art. 11(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(11)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 11(5) 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(11)(c); 2020 c. 1, Sch. 5 para. 1(1)