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

Article 23 U.K. Pilot projects on full documentation of catches and discards

1. [F1 A fisheries administration may, by regulations, supplement] this Regulation by defining pilot projects that develop a system of full documentation of catches and discards based on measurable objectives and targets, for the purpose of a results-based management of fisheries.

2. The pilot projects referred to in paragraph 1 may derogate from the measures set out in Part B of Annexes [F2 5, 6 and 7] for a specific area and for a maximum period of one year, provided that it can be demonstrated that such pilot projects contribute to achieving the objectives and targets set out in Articles 3 and 4 and, in particular, aim at improving the selectivity of the fishing gear or practice concerned or otherwise reduce its environmental impact. That one-year period may be extended by one additional year under the same conditions. It shall be limited to no more than 5 % of [F3 United Kingdom fishing vessels fishing in the relevant fishery].

3. F4 ... Within six months of the conclusion of the project, [F5 the fisheries administration must publish] a report F6 ... outlining the results, including a detailed assessment of the changes in selectivity and other environmental impacts.

[F7 4. Where the report referred to in paragraph 3 concludes that the contribution of the new gear or practice is beneficial to the achievement of the objective in paragraph 2, a fisheries administration may by regulations allow for the generalised use of that gear or practice.

4A. Subject to paragraph 4B, where the report referred to in paragraph 3 concludes that the contribution of the new gear or practice is beneficial to the achievement of the objective in paragraph 2, the Secretary of State may by regulations allow for the generalised use of that gear or practice.

4B. Where the exercise of the power to make regulations under paragraph 4 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 the power in paragraph 4A 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.]

[F8 5. A fisheries administration may by regulations supplement this Regulation by defining the technical specifications of a system for full documentation of catches and discards referred to in paragraph 1 of this Article.

6. Subject to paragraph 7, the Secretary of State may by regulations supplement this Regulation by defining the technical specifications of a system for full documentation of catches and discards referred to in paragraph 1 of this Article.

7. Where the exercise of the power to make regulations under paragraph 5 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 the power in paragraph 6 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.

8. 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.]

Textual Amendments

F1 Words in Art. 23(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), 5(23)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 23(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(23)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 23(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(23)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 23(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(23)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 23(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(23)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 23(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(23)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 23(4)-(4B) substituted for Art. 23(4) (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(23)(d); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 23(5)-(8) substituted for Art. 23(5) (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(23)(e); 2020 c. 1, Sch. 5 para. 1(1)