This Regulation lays down technical measures concerning:
the taking and landing of marine biological resources;
the operation of fishing gear; and
the interaction of fishing activities with marine ecosystems.
1.This Regulation shall apply to activities pursued by [F1United Kingdom] fishing vessels F2... in the fishing zones referred to in Article 5, as well as by fishing vessels flying the flag of, and registered in, third countries when fishing in [F1United Kingdom] waters.
2.Articles 7, 10, 11 and 12 shall also apply to recreational fishing. In cases where recreational fishing has a significant impact in a particular region, [F3regulations made] pursuant to Article 15 [F4may] amend this Regulation by providing that the relevant provisions of Article 13 or parts A or C of Annexes [F55, 6 and 7] also apply to recreational fishing.
3.Subject to the conditions set out in Articles 25 and 26, the technical measures set out in this Regulation shall not apply to fishing operations conducted solely for the purpose of:
(a)scientific investigations; and
(b)direct restocking or transplantation of marine species.
Textual Amendments
F1Words in Art. 2(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(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 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(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 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(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Art. 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(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 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(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
1.[F6Technical] measures shall contribute to the [F7achievement of the fisheries objectives].
2.Technical measures shall in particular contribute to achieving the following objectives:
(a)optimise exploitation patterns to provide protection for juveniles and spawning aggregations of marine biological resources;
(b)ensure that incidental catches of sensitive marine species, including those listed under Directives 92/43/EEC and 2009/147/EC, that are a result of fishing, are minimised and where possible eliminated so that they do not represent a threat to the conservation status of these species;
(c)ensure, including by using appropriate incentives, that the negative environmental impacts of fishing on marine habitats are minimised;
(d)have in place fisheries management measures for the purposes of complying with [F8the Marine Strategy Regulations 2010 and any enactment giving effect to Directives 92/43/EEC or 2000/60/EC], in particular with a view to achieving good environmental status F9....
Textual Amendments
F6Word in Art. 3(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(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 3(1) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 11(2) (with Sch. 4 para. 31, Sch. 11 para. 15(5))
F8Words in Art. 3(2)(d) 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(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 3(2)(d) 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(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
1.Technical measures shall aim to ensure that:
(a)catches of marine species below the minimum conservation reference size are reduced as far as possible in accordance with [F10the fisheries objectives].
(b)incidental catches of marine mammals, marine reptiles, seabirds and other non-commercially exploited species do not exceed levels provided for in [F11legislation applicable in any part of the United Kingdom] and international agreements that are binding on the [F12United Kingdom].
(c)the environmental impacts of fishing activities on seabed habitats are in line with [F13the fisheries objectives].
F142.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Words in Art. 4(1)(a) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 11(3)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(5))
F11Words in Art. 4(1)(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(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 4(1)(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(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 4(1)(c) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 11(3)(b) (with Sch. 4 para. 31, Sch. 11 para. 15(5))
F14Art. 4(2) 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(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
For the purposes of this Regulation, the following geographical definitions of fishing zones shall apply:
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
‘North Western waters’ means [F18United Kingdom] waters in ICES sub-areas 5, 6 and 7;
‘South Western waters’ means [F19United Kingdom waters of ICES division 8d];
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
‘NEAFC Regulatory Area’ means the waters of the NEAFC Convention Area which lie beyond the waters under the fisheries jurisdiction of the Contracting Parties as defined in Regulation (EU) No 1236/2010 of the European Parliament and of the Council(1);
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Words in Art. 5(a) 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(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in Art. 5(a) 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(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F17Art. 5(b) 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(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in Art. 5(c) 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(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
F19Words in Art. 5(d) 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(5)(d); 2020 c. 1, Sch. 5 para. 1(1)
F20Art. 5(e) 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(5)(e); 2020 c. 1, Sch. 5 para. 1(1)
F21Art. 5(f) 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(5)(e); 2020 c. 1, Sch. 5 para. 1(1)
F22Art. 5(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(5)(e); 2020 c. 1, Sch. 5 para. 1(1)
F23Art. 5(i) 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(5)(e); 2020 c. 1, Sch. 5 para. 1(1)
For the purposes of this Regulation, in addition to the definitions set out in Article 4 of Regulation (EU) No 1380/2013, the following definitions apply:
‘exploitation pattern’ means how fishing mortality is distributed across the age and size profile of a stock;
‘selectivity’ means a quantitative expression represented as a probability of capture of marine biological resources of a certain size and/or species;
‘directed fishing’ means fishing effort targeted at a specific species or group of species and may be further specified at regional level in [F24regulations made] pursuant to Article 27(7) of this Regulation;
‘good environmental status’ means the environmental status of marine waters as defined [F25in the Marine Strategy Regulations 2010];
‘conservation status of a species’ means the sum of the influences acting on the species concerned that may affect the long-term distribution and abundance of its populations;
‘conservation status of a habitat’ means the sum of the influences acting on a natural habitat and its typical species that may affect its long-term natural distribution, structure and functions as well as the long-term survival of its typical species;
‘sensitive habitat’ means a habitat whose conservation status, including its extent and the condition (structure and function) of its biotic and abiotic components, is adversely affected by pressures arising from human activities, including fishing activities. Sensitive habitats, in particular, include habitat types listed in Annex I, and habitats of species listed in Annex II to Directive 92/43/EEC, habitats of species listed in Annex I to Directive 2009/147/EC, habitats whose protection is necessary to achieve good environmental status F26... and vulnerable marine ecosystems as defined by point (b) of Article 2 of Council Regulation (EC) No 734/2008(2);
‘sensitive species’ means a species whose conservation status, including its habitat, distribution, population size or population condition is adversely affected by pressures arising from human activities, including fishing activities. Sensitive species, in particular, include species listed in Annexes II and IV to Directive 92/43/EEC, species covered by Directive 2009/147/EC and species whose protection is necessary to achieve good environmental status F27...;
‘small pelagic species’ means species such as mackerel, herring, horse mackerel, anchovy, sardine, blue whiting, argentines, sprat, and boarfish;
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
‘trawl’ means fishing gear which is actively towed by one or more fishing vessels and consisting of a net closed at the back by a bag or a codend;
‘towed gear’ means any trawls, Danish seines, dredges and similar gear which are actively moved in the water by one or more fishing vessels or by any other mechanised system;
‘bottom trawl’ means a trawl designed and rigged to operate on or near the seabed;
‘bottom pair trawl’ means a bottom trawl towed by two boats simultaneously, one towing each side of the trawl. The horizontal opening of the trawl is maintained by the distance between the two vessels as they tow the gear;
‘pelagic trawl’ means a trawl designed and rigged to operate in midwater;
‘beam trawl’ means gear with a trawl net open horizontally by a beam, wing or similar device;
‘electric pulse trawl’ means a trawl which uses an electric current to catch marine biological resources;
‘Danish seine’ or ‘Scottish seine’ means an encircling and towed gear, operated from a boat by means of two long ropes (seine ropes) designed to herd the fish towards the opening of the seine. The gear is made up of a net which is similar in design to a bottom trawl;
‘shore seines’ means surrounding nets and towed seines set from a boat and pulled towards the shore as they are being operated from the shore or from a vessel moored or anchored by the shore;
‘surrounding nets’ means nets which catch fish by surrounding them both from the sides and from below. They may or may not be equipped with a purse line;
‘purse seine’ or ‘ring nets’ means any surrounding net where the bottom is drawn together by means of a purse line situated at the bottom of the net, which passes through a series of rings along the groundrope, enabling the net to be pursed and closed;
‘dredges’ means gear which are either actively towed by the main boat engine (boat dredge) or hauled by a motorised winch from an anchored vessel (mechanised dredge) to catch bivalves, gastropods or sponges and which consist of a net bag or metal basket mounted on a rigid frame or rod of variable size and shape whose lower part may carry a scraper blade that can be either rounded, sharp or toothed, and may or may not be equipped with skids and diving boards. Some dredges are equipped with hydraulic equipment (hydraulic dredges). Dredges pulled by hand or by manual winches in shallow waters with or without a boat to catch bivalves, gastropods or sponges (hand dredges) shall not be considered towed gear for the purpose of this Regulation;
‘static nets’ means any type of gillnet, entangling net or trammel net that is anchored to the seabed for fish to swim into and become entangled or enmeshed in the netting;
‘driftnet’ means a net held on the water surface or at a certain distance below it by floating devices and drifting with the current, either independently or with the boat to which it may be attached. It may be equipped with devices aiming to stabilise the net or to limit its drift;
‘gillnet’ means a static net made up of a single piece of net and held vertically in the water by floats and weights;
‘entangling net’ means a static net consisting of a wall of netting rigged so that the netting is hung onto the ropes to create a greater amount of slack netting than a gillnet;
‘trammel net’ means a static net made up of several layers of netting with two outer layers of a large mesh size with a sheet of small mesh sandwiched between them;
‘combined gillnet and trammel net’ means any bottom-set gillnet combined with a trammel net which constitutes the lower part;
‘longline’ means a fishing gear consisting of a main line of variable length, to which branch lines (snoods) with hooks are fixed at intervals determined by the target species. The main line is anchored either horizontally on or near the bottom or vertically, or can be allowed to drift on the surface;
‘pots and creels’ means traps in the form of cages or baskets having one or more entrances, designed to catch crustaceans, molluscs or fish, that are set on the seabed or suspended above it;
‘handline’ means a single fishing line with one or more lures or baited hooks;
‘St Andrew’s cross’ means a grab which employs a scissor-like action to harvest for example bivalve molluscs or red coral from the seabed;
‘codend’ means the rearmost part of the trawl, having either a cylindrical shape, with the same circumference throughout, or a tapering shape. It can be made up of one or more panels (pieces of netting) attached to one another along their sides and can include the lengthening piece which is made up of one or more panels located just in front of the codend sensu stricto;
‘mesh size’ means:
for knotted netting: the longest distance between two opposite knots in the same mesh when fully extended;
for knotless netting: the inside distance between the opposite joints in the same mesh when fully extended along its longest possible axis;
‘square mesh’ means a quadrilateral mesh composed of two sets of parallel bars of the same nominal length, where one set is parallel to, and the other is at right angles to, the longitudinal axis of the net;
‘diamond mesh’ means a mesh composed of four bars of the same length where the two diagonals of the mesh are perpendicular and one diagonal is parallel to the longitudinal axis of the net;
‘T90’ means trawls, Danish seines or similar towed gear having a codend and extension piece produced from knotted diamond mesh netting turned 90o so that the main direction of run of the netting is parallel to the towing direction;
‘Bacoma exit window’ means an escape panel constructed in knotless square mesh netting fitted into the top panel of a codend with its lower edge no more than four meshes from the codline;
‘sieve net’ means a piece of netting attached to the full circumference of the shrimp trawl in front of the codend or extension piece, and tapering to an apex where it is attached to the bottom sheet of the shrimp trawl. An exit hole is cut where the sieve net and codend join, allowing species or individuals too large to pass through the sieve to escape, whereas the shrimp can pass through the sieve and into the codend;
‘drop’ means the sum of the height of the meshes (including knots) in a net when wet and stretched perpendicular to the float line;
‘immersion time’ or ‘soak time’ means the period from the point of time when the gear is first put in the water until the point of time when the gear is fully recovered on board the fishing vessel;
‘gear monitoring sensors’ means remote electronic sensors that are placed on fishing gear to monitor key performance parameters such as the distance between trawl doors or volume of the catch;
‘weighted line’ means a line of baited hooks with added weight to increase its sinking speed and thereby reduce its time of exposure to seabirds;
‘acoustic deterrent device’ means devices aimed to deter species such as marine mammals from fishing gear by emitting acoustic signals;
‘bird scaring lines’ (also called a tori line) means lines with streamers that are towed from a high point near the stern of fishing vessels as baited hooks are deployed, with the aim of scaring seabirds away from the hooks;
‘direct restocking’ means the activity of releasing live wild animals of selected species into waters where they occur naturally, in order to use the natural production of the aquatic environment to increase the number of individuals available for fisheries and/or to increase natural recruitment;
‘transplantation’ means the process by which a species is intentionally transported and released by humans within areas of established populations of that species;
‘selectivity performance indicator’ means a reference tool to monitor progress over time towards the achievement of the F29... objective of minimising unwanted catches;
‘spear gun’ means a pneumatic or mechanically powered hand-held gun that shoots a spear for the purpose of underwater fishing;
‘length of optimal selectivity (Lopt)’ is the average length of capture, provided by the best available scientific advice, that optimises the growth of individuals in a stock [F30;]
[F31‘enactment’ has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018.]
Textual Amendments
F24Words in Art. 6(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(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
F25Words in Art. 6(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(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
F26Words in Art. 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(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
F27Words in Art. 6(8) 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(6)(d); 2020 c. 1, Sch. 5 para. 1(1)
F28Art. 6(10) 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(6)(e); 2020 c. 1, Sch. 5 para. 1(1)
F29Word in Art. 6(48) 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(6)(f); 2020 c. 1, Sch. 5 para. 1(1)
F30 Semicolon in Art. 6(50) substituted for full stop (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(6)(g); 2020 c. 1, Sch. 5 para. 1(1)
F31Art. 6(51) 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(6)(g); 2020 c. 1, Sch. 5 para. 1(1)
1.It shall be prohibited to catch or harvest marine species using the following methods:
(a)toxic, stupefying or corrosive substances;
(b)electric current except for the electric pulse trawl, which shall only be allowed under the specific provisions of Part D of Annex V;
(c)explosives;
(d)pneumatic hammers or other percussive instruments;
(e)towed devices for harvesting red coral or other type of corals or coral-like organisms;
(f)St Andrew’s cross and similar grabs for harvesting, in particular, red coral or other type of corals and coral-like species;
(g)any type of projectile, with the exception of those used to kill caged or trapped tuna and of hand-held spears and spear guns used in recreational fishing without an aqualung, from dawn until dusk.
2.Notwithstanding Article 2, this Article shall apply to [F32United Kingdom] vessels in international waters and the waters of third countries, except where the rules adopted by multilateral fisheries organisations, under bilateral or multilateral agreements, or by a third country, specifically provide otherwise.
Textual Amendments
F32Words in Art. 7(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(7); 2020 c. 1, Sch. 5 para. 1(1)
1.For the purpose of Annexes [F335, 6, 7 and 12], the mesh size of a towed gear as set out in those Annexes shall mean the minimum mesh size of any codend and any extension piece found on board a fishing vessel and attached to, or suitable for attachment to, any towed net. This paragraph shall not apply to netting devices used for the attachment of gear monitoring sensors or when used in conjunction with fish and turtle excluder devices. Further derogations to improve size or species selectivity for marine species may be provided for in [F34regulations made] in accordance with Article 15.
2.Paragraph 1 shall not apply to dredges. However, during any voyage when dredges are carried on board the following shall apply:
(a)it shall be prohibited to tranship marine organisms;
F35(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)F36... it shall be prohibited to retain on board or land any quantity of marine organisms unless at least 95 % by live weight thereof consists of bivalve molluscs, gastropods and sponges.
Points (b) and (c) of this paragraph shall not apply to unintended catches of species subject to the landing obligation set out in Article 15 of Regulation (EU) No 1380/2013. Such unintended catches shall be landed and counted against quotas.
3.Whenever more than one net is towed simultaneously by a fishing vessel or by more than one fishing vessel, each net shall have the same nominal mesh size. [F37Regulations made] pursuant to Article 15 [F38may provide for derogations] from this paragraph, where the use of several nets having a different mesh size leads to such benefits for the conservation of marine biological resources that are at least equivalent to those of existing fishing methods.
4.It shall be prohibited to use any device that obstructs or otherwise effectively diminishes the mesh size of the codend or any part of a towed gear, as well as to carry on board any such device that is specifically designed for that purpose. This paragraph shall not exclude the use of specified devices used to reduce wear and tear of and strengthen the towed gear, or to limit the escape of catches in the forward part of towed gear.
[F395.A fisheries administration may make regulations establishing detailed rules for the specification of codends and devices referred to in paragraph 4. Regulations made under this paragraph must be based on the best available scientific and technical advice and may, in particular, define the matters specified in paragraph 8.
6.Subject to paragraph 7, the Secretary of State may make regulations establishing detailed rules for the specification of codends and devices referred to in paragraph 4. Regulations made under this paragraph must be based on the best available scientific and technical advice and may, in particular, define the matters specified in paragraph 8.
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.The matters referred to in paragraphs 5 and 6 are—
(a)restrictions on twine thickness;
(b)restrictions on the circumference of codends;
(c)restrictions on the use of netting materials;
(d)structure and attachment of codends;
(e)permitted devices to reduce wear and tear; and
(f)permitted devices to limit the escape of catches.
9.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
F33Words in Art. 8(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(8)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F34Words in Art. 8(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(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F35Art. 8(2)(b) 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(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F36Words in Art. 8(2)(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(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F37Words in Art. 8(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(8)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F38Words in Art. 8(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(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F39Art. 8(5)-(9) substituted for Art. 8(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(8)(d); 2020 c. 1, Sch. 5 para. 1(1)
1.It shall be prohibited to have on board or deploy one or more driftnets the individual or total length of which is more than 2,5 km.
2.It shall be prohibited to use driftnets to fish for the species listed in Annex III.
F403.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.It shall be prohibited to use bottom-set gillnets, entangling nets and trammel nets to catch the following species:
(a)Albacore (Thunnus alalunga);
(b)Bluefin tuna (Thunnus thynnus);
(c)Ray’s bream (Brama brama);
(d)Swordfish (Xiphias gladius);
(e)Sharks belonging to the following species or families Hexanchus griseus; Cetorhinus maximus; all species of Alopiidae; Carcharhinidae; Sphyrnidae; Isuridae; Lamnidae.
F415.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.It shall be prohibited to deploy any bottom set gillnet, entangling net and trammel net at any position where the charted depth is greater than 200 m.
7.Notwithstanding paragraph 6 of this Article:
(a)specific derogations as set out in point 6.1 of Part C of Annex V, point 9.1 of Part C of Annex VI and point 4.1 of Part C of Annex VII shall apply where the charted depth is between 200 and 600 m;
F42(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F40Art. 9(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(9)(a); 2020 c. 1, Sch. 5 para. 1(1)
F41Art. 9(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(9)(a); 2020 c. 1, Sch. 5 para. 1(1)
F42Art. 9(7)(b) 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(9)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.The catching, retention on board, transhipment or landing of fish or shellfish species referred to in Annex IV to Directive 92/43/EEC shall be prohibited [F43unless authorised under the terms of a licence granted under regulation 55 of the Conservation of Offshore Marine Habitats and Species Regulations 2017, regulation 55 of the Conservation of Habitats and Species Regulations 2017, regulation 39 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 or regulation 44 of the Conservation (Natural Habitats, &c.) Regulations 1994].
2.In addition to the species referred to in paragraph 1, it shall be prohibited for [F44United Kingdom] vessels to fish for, retain on board, tranship, land, store, sell, display or offer for sale the species listed in Annex I or species for which fishing is prohibited under other [F45relevant retained direct EU legislation].
3.When caught accidentally, species referred to in paragraphs 1 and 2 shall not be harmed and specimens shall be promptly released back into the sea, except for the purpose of allowing scientific research on accidentally killed specimens in accordance with [F46relevant retained direct EU legislation].
4.[F47Subject to paragraph 4A, the Secretary of State may by regulations] amend the list set out in Annex I, where the best available scientific advice indicates that an amendment of that list is necessary.
[F484A.Where, in the circumstances described in paragraph 4B, 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 that power 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 4B;
(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 4B;
(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 4B.
4B.The circumstances referred to in paragraph 4A are circumstances where the power in paragraph 4 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.]
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) and may take into account international agreements concerning the protection of sensitive species.
Textual Amendments
F43Words in Art. 10(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(10)(a); 2020 c. 1, Sch. 5 para. 1(1)
F44Words in Art. 10(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(10)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F45Words in Art. 10(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(10)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F46Words in Art. 10(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(10)(c); 2020 c. 1, Sch. 5 para. 1(1)
F47Words in Art. 10(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(10)(d); 2020 c. 1, Sch. 5 para. 1(1)
F48Art. 10(4A)(4B) 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(10)(e); 2020 c. 1, Sch. 5 para. 1(1)
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 F49... authorities [F50of the fisheries administration] concerned have been fully informed in advance as soon as possible after the catch and in accordance with [F51relevant retained direct EU legislation].
4.On the basis of the best available scientific advice a [F52fisheries administration] may [F53by 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 F54... and be at least as stringent as technical measures applicable under [F55relevant 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). F56...
Textual Amendments
F49Word 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)
F50Words 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)
F51Words 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)
F52Words 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)
F53Words 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)
F54Words 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))
F55Words 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)
F56Words 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)
1.It shall be prohibited to deploy the fishing gear specified in Annex II within the relevant areas set out in that Annex.
[F572.Where the best available scientific advice recommends an amendment of the list of areas set out in Annex 2 the Secretary of State may, subject to paragraph 2A, by regulations amend Annex 2 accordingly. When making regulations under this paragraph the Secretary of State must have regard to the need to mitigate the negative effects of the displacement of fishing activity to other sensitive areas.
2A.Where, in the circumstances described in paragraph 2B, 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 such regulations under that power 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 2 is treated as a power exercisable by “a fisheries administration” instead of a power exercisable by the Secretary of State.
2C.Before making any regulations under paragraph 2, the Secretary of State must consult—
(a)such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by the regulations;
(b)such other bodies or persons as the Secretary of State may consider appropriate.]
F583.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.Measures adopted pursuant to paragraphs 2 and 3 of this Article shall aim at achieving the target set out in point (c) of Article 4(1).
Textual Amendments
F57Art. 12(2)-(2C) substituted for Art. 12(2) (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(12)(a); 2020 c. 1, Sch. 5 para. 1(1)
F58Art. 12(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(12)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.The minimum conservation reference sizes of marine species specified in Part A of Annexes [F595, 6, 7 and 12] to this Regulation shall apply for the purpose of:
(a)ensuring the protection of juveniles of marine species pursuant to Article 15(11) and (12) of Regulation (EU) No 1380/2013;
(b)establishing fish stock recovery areas F60...;
(c)constituting minimum marketing sizes pursuant to Article 47(2) of Regulation (EU) No 1379/2013 of the European Parliament and of the Council(3).
2.The size of a marine species shall be measured in accordance with Annex IV.
3.Where more than one method of measuring the size of a marine species is provided for, the specimen shall not be considered to be below the minimum conservation reference size if the size measured by any one of those methods is equal to, or greater than, the minimum conservation reference size.
4.Lobsters, crawfish, and bivalve and gastropod molluscs belonging to any such species for which a minimum conservation reference size is established in Annexes V, VI or VII may only be retained on board whole and may only be landed whole.
Textual Amendments
F59Words in Art. 13(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(13)(a); 2020 c. 1, Sch. 5 para. 1(1)
F60Words in Art. 13(1)(b) 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(13)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.Without prejudice to Article 14 of Regulation (EU) No 1380/2013, [F61a fisheries administration] may conduct pilot projects with the aim of exploring methods for the avoidance, minimisation and elimination of unwanted catches. Those pilot projects shall F62... be based on the best available scientific advice.
2.Where the results of those pilot studies or other scientific advice indicate that unwanted catches are significant, the [F63fisheries administration] concerned shall endeavour to establish technical measures to reduce those unwanted catches F64....
Textual Amendments
F61Words in Art. 14(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(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F62Words in Art. 14(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(14)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F63Words in Art. 14(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(14)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F64Words in Art. 14(2) 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(14)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
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;
F65(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h)in Annex XIII for sensitive species.
2.In order to take into account regional specificities of the relevant fisheries, [F66a 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. [F67A fisheries administration must obtain scientific evidence to support any measures contained in regulations made under this paragraph.]
[F682A.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.]
F693.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 [F70retained 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 [F715, 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.
F726.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F727.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F65Art. 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)
F66Words 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)
F67Words 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)
F68Art. 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)
F69Art. 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)
F70Words 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)
F71Words 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)
F72Art. 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)
Before making regulations under Article 15(2) which contain measures in relation to size-selective or species-selective characteristics of gear, a fisheries administration must obtain scientific evidence demonstrating that the measures result in selectivity characteristics for specific species or combination of species which are at least equivalent to the selectivity characteristics of the gear set out in Part B of Annexes 5, 6 and 7.]
Textual Amendments
F73Art. 16 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(16); 2020 c. 1, Sch. 5 para. 1(1)
[F74When making regulations under Article 15(2) in relation to Part C of Annexes 5, 6 and 7] or in order to establish new closed or restricted areas [F75, a fisheries administration must have regard to] the following elements in respect of such closed or restricted areas:
the objective of the closure;
the geographical extent and duration of the closure;
restrictions on specific gear; and
control and monitoring arrangements.
Textual Amendments
F74Words in Art. 17 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(17)(a); 2020 c. 1, Sch. 5 para. 1(1)
F75Words in Art. 17 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(17)(b); 2020 c. 1, Sch. 5 para. 1(1)
[F76Regulations made under] Article 15(2) in relation to Part A of Annexes [F775, 6 and 7] shall respect the objective of ensuring the protection of juveniles of marine species.
Textual Amendments
F76Words in Art. 18 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(18)(a); 2020 c. 1, Sch. 5 para. 1(1)
F77Words in Art. 18 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(18)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.[F78Regulations made under Article 15] in relation to the creation of real-time closures with the aim of ensuring the protection of sensitive species or of aggregations of juveniles, spawning fish or shellfish species, shall include the following elements:
(a)the geographical extent and duration of the closures;
(b)the species and threshold levels that trigger the closure;
(c)the use of highly selective gear to allow access to otherwise closed areas; and
(d)control and monitoring arrangements.
2.[F79Regulations made under Article 15], in relation to moving-on provisions, shall include:
(a)the species and threshold levels that trigger an obligation to move;
(b)the distance by which a vessel is to move away from its previous fishing position.
[F803.Regulations made under Article 15 in relation to the matters specified in paragraphs 1 or 2 may amend or repeal retained EU law adopted under Article 51(3) of Council Regulation (EC) No 1224/2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy.]
Textual Amendments
F78Words in Art. 19(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(19)(a); 2020 c. 1, Sch. 5 para. 1(1)
F79Words in Art. 19(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(19)(b); 2020 c. 1, Sch. 5 para. 1(1)
F80Art. 19(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(19)(c); 2020 c. 1, Sch. 5 para. 1(1)
[F811.Before making regulations under Article 15(2) which contain measures in relation to the use of innovative fishing gear, a fisheries administration must carry out an assessment based on appropriate data of the likely impacts of using such gear on the targeted species and on sensitive species and habitats.]
2.The use of innovative fishing gear shall not be permitted where the assessments referred to in paragraph 1 indicate that their use will lead to significant negative impacts on sensitive habitats and non-target species.
Textual Amendments
F81Art. 20(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(20); 2020 c. 1, Sch. 5 para. 1(1)
[F82Regulations made under] Article 15(2), in relation to the protection of sensitive species and habitats, may in particular:
[F83include measures relating to] lists of sensitive species and habitats most at risk from fishing activities within the relevant region based on the best available scientific advice;
specify the use of additional or alternative measures to those referred to in Annex XIII to minimise the incidental catches of the species referred to in Article 11;
F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
specify measures to minimise the impacts of fishing gear on sensitive habitats;
specify restrictions on the operation of certain gear or introduce a total prohibition on the use of certain fishing gear within an area where such gear represent a threat to the conservation status of species in that area as referred to in Articles 10 and 11 or other sensitive habitats.
Textual Amendments
F82Words in Art. 21 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(21)(a); 2020 c. 1, Sch. 5 para. 1(1)
F83Words in Art. 21(a) 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(21)(b); 2020 c. 1, Sch. 5 para. 1(1)
F84Art. 21(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(21)(c); 2020 c. 1, Sch. 5 para. 1(1)
1.[F85Technical measures in discard plans made under] Article 15(6) of Regulation (EU) No 1380/2013 [F86or in regulations made under Article 15(2) of this Regulation] may contain, inter alia, the following elements:
(a)specifications of fishing gear and the rules governing their use;
(b)specifications of modifications to fishing gear or use of selectivity devices to improve size or species selectivity;
(c)restrictions or prohibitions on the use of certain fishing gear and on fishing activities in certain areas or during certain periods;
(d)minimum conservation reference sizes;
(e)derogations adopted on the basis of Article 15(4) of Regulation (EU) No 1380/2013.
2.The measures referred to in paragraph 1 of this Article shall aim at achieving the objectives set out in Article 3 and in particular for the protection of juveniles or spawning aggregations of fish or shellfish species.
Textual Amendments
F85Words in Art. 22(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(22)(a); 2020 c. 1, Sch. 5 para. 1(1)
F86Words in Art. 22(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(22)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.[F87A 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 [F885, 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 [F89United Kingdom fishing vessels fishing in the relevant fishery].
3.F90... Within six months of the conclusion of the project, [F91the fisheries administration must publish] a report F92... outlining the results, including a detailed assessment of the changes in selectivity and other environmental impacts.
[F934.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.]
[F945.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
F87Words 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)
F88Words 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)
F89Words 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)
F90Words 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)
F91Words 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)
F92Words 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)
F93Art. 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)
F94Art. 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)
1.A fisheries administration may make regulations for the purposes specified in paragraph 4.
2.Subject to paragraph 3, the Secretary of State may make regulations for the purposes specified in paragraph 4.
3.Where the exercise of the power to make regulations under paragraph 1 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 2 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.
4.The purposes referred to in paragraphs 1 and 2 are establishing—
(a)the specifications of the selection devices attached to the gear set out in Part B of Annexes 5, 6, 7 and 12;
(b)detailed rules on the specifications of the fishing gear described in Part D of Annex 5 relating to restrictions on gear construction and associated control and monitoring measures;
(c)detailed rules on the control and monitoring measures relating to the use of the gear referred to in point 6 of Part C of Annex 5, point 4 of Part C of Annex 7 and point 4 of Part C of Annex 12;
(d)detailed rules on the control and monitoring measures relating to the closed or restricted areas described in point 2 of Part C of Annex 5 and points 6 and 7 of Part C of Annex 6;
(e)detailed rules on the signal and implementation characteristics of acoustic deterrent devices as referred to in Part A of Annex 13;
(f)detailed rules on the design and deployment of bird scaring lines and weighted lines as referred to in Part B of Annex 13;
(g)detailed rules on the specifications for the turtle excluder device referred to in Part C of Annex 13.]
Textual Amendments
F95Art. 24 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(24); 2020 c. 1, Sch. 5 para. 1(1)
1.The technical measures provided for in this Regulation shall not apply to fishing operations conducted for the purpose of scientific investigations subject to the following conditions:
(a)the fishing operations are to be carried out with the permission and under the authority of [F96a fisheries administration];
[F97(b)a fisheries administration must be informed at least two weeks in advance of the intention to conduct such fishing operations detailing the vessels involved and the scientific investigations to be undertaken;]
(c)the vessel or vessels conducting the fishing operations are to have a valid fishing authorisation in accordance with Article 7 of Regulation (EC) No 1224/2009;
(d)if requested by [F98a fisheries administration], the master of the vessel shall be required to take on board an observer from [F99a fisheries administration] during the fishing operations, unless this is not possible for security reasons;
(e)fishing operations conducted by commercial vessels for the purpose of scientific investigation shall be limited in time. When the fishing operations conducted by commercial vessels for a specific research involve more than six commercial vessels, [F100a fisheries administration must seek, where appropriate, scientific advice] to confirm that this level of participation is justified on scientific grounds; if the level of participation is not considered justified according to the [F101scientific advice, the fisheries administration must] amend the conditions of the scientific research accordingly;
(f)in the case of electric pulse trawl, vessels conducting scientific research must follow a specific scientific protocol as part of a scientific research plan that has been reviewed or validated by ICES F102..., as well as a system for monitoring, control and evaluation.
2.Marine species caught for the purposes specified in paragraph 1 of this Article may be sold, stored, displayed or offered for sale, provided that they are counted against quotas in accordance with Article 33(6) of Regulation (EC) No 1224/2009, where applicable, and:
(a)they meet the minimum conservation reference sizes set out in Annexes [F1034 to 7 and 12] to this Regulation; or
(b)they are sold for purposes other than direct human consumption.
Textual Amendments
F96Words in Art. 25(1)(a) 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(25)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F97Art. 25(1)(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(25)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F98Words in Art. 25(1)(d) 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(25)(a)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F99Words in Art. 25(1)(d) 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(25)(a)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F100Words in Art. 25(1)(e) 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(25)(a)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F101Words in Art. 25(1)(e) 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(25)(a)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F102Words in Art. 25(1)(f) 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(25)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)
F103Words in Art. 25(2)(a) 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(25)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.The technical measures provided for in this Regulation shall not apply to fishing operations conducted solely for the purpose of direct restocking or transplantation of marine species, provided that those operations are carried out with the permission and under the authority of [F104a fisheries administration] having a direct management interest.
F1052.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F104Words in Art. 26(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(26)(a); 2020 c. 1, Sch. 5 para. 1(1)
F105Art. 26(2) 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(26)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.The catch percentages referred to in the Annexes [F1065, 6, 7 and 12] shall mean the maximum percentage of species allowed so as to qualify for the specific mesh sizes set out in those Annexes. Such percentages shall be without prejudice to the obligation to land catches in Article 15 of Regulation (EU) No 1380/2013.
2.The catch percentages shall be calculated as the proportion by live weight of all marine biological resources landed after each fishing trip.
3.The catch percentages referred to in paragraph 2 may be calculated on the basis of one or more representative samples.
4.For the purpose of this Article, the equivalent weight of whole Norway lobster shall be obtained by multiplying the weight of Norway lobster tails by three.
5.[F107A fisheries administration] may issue fishing authorisations in accordance with Article 7 of Regulation (EC) No 1224/2009 for vessels F108... when engaged in fishing activities using the mesh-specific sizes provided for in Annexes [F1095, 6, 7 and 12]. Such authorisations may be suspended or withdrawn where a vessel has been found to not have complied with the defined catch percentages provided for in Annexes [F1105, 6, 7 and 12].
6.This Article shall be without prejudice to Regulation (EC) No 1224/2009.
7.[F111Regulations made] pursuant to Article 15 [F112may] further define the term ‘directed fishing’ for relevant species in Part B of Annexes [F1135, 6, 7 and 12]. F114...
Textual Amendments
F106Words in Art. 27(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(27)(a); 2020 c. 1, Sch. 5 para. 1(1)
F107Words in Art. 27(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(27)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F108Words in Art. 27(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(27)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F109Words in Art. 27(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(27)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F110Words in Art. 27(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(27)(b)(iv); 2020 c. 1, Sch. 5 para. 1(1)
F111Words in Art. 27(7) 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(27)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F112Word in Art. 27(7) 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(27)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F113Words in Art. 27(7) 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(27)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F114Words in Art. 27(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(27)(c)(iv); 2020 c. 1, Sch. 5 para. 1(1)
Technical measures applicable in the NEAFC Regulatory Area are set out in Annex XII.
1.Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.
2.For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.
3.Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
4.A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
5.A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
6.Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
7.Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were a statutory instrument within the meaning of that Act.
8.Such regulations may—
(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));
(b)make different provision for different purposes.]
Textual Amendments
F115Art. 29 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(28); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F116Arts. 30-38 repealed (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(29); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F117Arts. 30-38 repealed (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(29); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F118Arts. 30-38 repealed (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(29); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F119Arts. 30-38 repealed (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(29); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F120Arts. 30-38 repealed (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(29); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F121Arts. 30-38 repealed (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(29); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F122Arts. 30-38 repealed (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(29); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F123Arts. 30-38 repealed (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(29); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F124Arts. 30-38 repealed (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(29); 2020 c. 1, Sch. 5 para. 1(1)
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 are repealed.
References to the repealed Regulations shall be construed as references to this Regulation.
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Textual Amendments
F125Art. 40 (including binding words) 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(30); 2020 c. 1, Sch. 5 para. 1(1)
F126...
Done at Brussels, 20 June 2019.
For the European Parliament
The President
A. TAJANI
For the Council
The President
G. CIAMBA
Textual Amendments
F126Art. 40 (including binding words) 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(30); 2020 c. 1, Sch. 5 para. 1(1)