Regulation (EU) 2019/1241 of the European Parliament and of the CouncilShow full title

Article 15 U.K. Regional technical measures

1. Technical measures established at regional level are set out in the following Annexes:

(a) in Annex V for the North Sea;

(b) in Annex VI for North Western Waters;

(c) in Annex VII for South Western Waters;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) in Annex XIII for sensitive species.

2. In order to take into account regional specificities of the relevant fisheries, [F2 a fisheries administration may by regulations] amend, supplement, repeal or derogate from the technical measures set out in the Annexes referred to in paragraph 1 of this Article, including when implementing the landing obligation in the context of Article 15(5) and (6) of Regulation (EU) No 1380/2013. [F3 A fisheries administration must obtain scientific evidence to support any measures contained in regulations made under this paragraph.]

[F4 2A. In order to take into account regional specificities of the relevant fisheries, the Secretary of State may, subject to paragraph 2B, by regulations amend, supplement, repeal or derogate from the technical measures set out in the Annexes referred to in paragraph 1 of this Article, including implementing the landing obligation in the context of Article 15(5) and (6) of Regulation (EU) No 1380/2013. The Secretary of State must obtain scientific evidence to support any measures contained in regulations made under this paragraph.

2B. Where the exercise of the power to make regulations under paragraph 2 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making regulations under the power in paragraph 2A 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;

(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;

(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.

2C. Before making any regulations under this Article, a fisheries administration must consult—

(a) such bodies or persons as appear to the fisheries administration to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the fisheries administration may consider appropriate.]

F5 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The technical measures adopted pursuant to paragraph 2 of this Article shall:

(a) aim at achieving the objectives and targets set out in Articles 3 and 4 of this Regulation;

(b) aim at achieving the objectives and comply with the conditions set out in other relevant [F6 retained direct EU legislation], in particular in the multiannual plans referred to in Articles 9 and 10 of Regulation (EU) No 1380/2013;

(c) be guided by the principles of good governance set out in Article 3 of Regulation (EU) No 1380/2013;

(d) as a minimum, lead to such benefits for the conservation of marine biological resources that are at least equivalent, in particular in terms of exploitation patterns and the level of protection provided for sensitive species and habitats, to the measures referred to in paragraph 1. The potential impact of fishing activities on the marine ecosystem shall also be taken into account.

5. The application of the conditions in relation to the mesh size specifications set out in Article 27 and in Part B of Annexes [F7 5, 6, 7 and 12] shall not lead to a deterioration of selectivity standards, in particular in terms of an increase in the catches of juveniles, existing on 14 August 2019, and shall aim at achieving the objectives and targets set out in Articles 3 and 4.

F8 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Art. 15(1)(d)-(g) 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(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 15(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(15)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 15(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(15)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 15(2A)-(2C) 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(15)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 15(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(15)(d); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 15(4)(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(15)(e); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 15(5) 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(15)(f); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 15(6)(7) 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(15)(g); 2020 c. 1, Sch. 5 para. 1(1)