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

SECTION 3 U.K. Protection of sensitive species and habitats

Article 10 U.K. Prohibited fish and shellfish species

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 [F1 unless 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 [F2 United 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 [F3 relevant 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 [F4 relevant retained direct EU legislation].

4. [F5 Subject 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.

[F6 4A. 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

F1 Words 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)

F2 Words 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)

F3 Words 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)

F4 Words 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)

F5 Words 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)

F6 Art. 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)

Article 11 U.K. Catches of marine mammals, seabirds and marine reptiles

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 F7 ... authorities [F8 of the fisheries administration] concerned have been fully informed in advance as soon as possible after the catch and in accordance with [F9 relevant retained direct EU legislation].

4. On the basis of the best available scientific advice a [F10 fisheries administration] may [F11 by 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 F12 ... and be at least as stringent as technical measures applicable under [F13 relevant 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). F14 ...

Textual Amendments

F7 Word 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)

F8 Words 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)

F9 Words 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)

F10 Words 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)

F11 Words 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)

F12 Words 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))

F13 Words 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)

F14 Words 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)

Article 12 U.K. Protection for sensitive habitats including vulnerable marine ecosystems

1. It shall be prohibited to deploy the fishing gear specified in Annex II within the relevant areas set out in that Annex.

[F15 2. 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.]

F16 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F15 Art. 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)

F16 Art. 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)