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

CHAPTER III U.K. REGIONALISATION

Article 15 U.K. Regional technical measures

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

(a) in Annex V for the North Sea;

(b) in Annex VI for North Western Waters;

(c) in Annex VII for South Western Waters;

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

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

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

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

(h) in Annex XIII for sensitive species.

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

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

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

(a) the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation;

(b) the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;

(c) the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation.

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

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

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

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

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

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

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

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

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

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

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

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

Textual Amendments

F1 Art. 15(1)(d)-(g) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 15(2) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(15)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 15(2) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(15)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 15(2A)-(2C) inserted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(15)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 15(3) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(15)(d); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 15(4)(b) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(15)(e); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 15(5) substituted (31.12.2020) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(15)(f); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 15(6)(7) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(3), 5(15)(g); 2020 c. 1, Sch. 5 para. 1(1)

[F9 Article 16 U.K. Species and size selectivity of fishing gear

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

F9 Art. 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)

Article 17 U.K. Closed or restricted areas to protect juveniles and spawning aggregations

[F10 When 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 [F11 , a fisheries administration must have regard to] the following elements in respect of such closed or restricted areas:

(a)

the objective of the closure;

(b)

the geographical extent and duration of the closure;

(c)

restrictions on specific gear; and

(d)

control and monitoring arrangements.

Textual Amendments

F10 Words 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)

F11 Words 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)

Article 18 U.K. Minimum conservation reference sizes

[F12 Regulations made under] Article 15(2) in relation to Part A of Annexes [F13 5, 6 and 7] shall respect the objective of ensuring the protection of juveniles of marine species.

Textual Amendments

F12 Words 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)

F13 Words 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)

Article 19 U.K. Real-time closures and moving-on provisions

1. [F14 Regulations 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. [F15 Regulations 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.

[F16 3. 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

F14 Words 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)

F15 Words 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)

F16 Art. 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)

Article 20 U.K. Innovative fishing gear

[F17 1. 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

F17 Art. 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)

Article 21 U.K. Nature conservation measures

[F18 Regulations made under] Article 15(2), in relation to the protection of sensitive species and habitats, may in particular:

(a)

[F19 include 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;

(b)

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;

(c)

F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

specify measures to minimise the impacts of fishing gear on sensitive habitats;

(e)

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

F18 Words 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)

F19 Words 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)

F20 Art. 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)

Article 22 U.K. Regional measures under temporary discard plans

1. [F21 Technical measures in discard plans made under] Article 15(6) of Regulation (EU) No 1380/2013 [F22 or 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

F21 Words 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)

F22 Words 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)

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

1. [F23 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 [F24 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 [F25 United Kingdom fishing vessels fishing in the relevant fishery].

3. F26 ... Within six months of the conclusion of the project, [F27 the fisheries administration must publish] a report F28 ... outlining the results, including a detailed assessment of the changes in selectivity and other environmental impacts.

[F29 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.]

[F30 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

F23 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)

F24 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)

F25 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)

F26 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)

F27 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)

F28 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)

F29 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)

F30 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)

[F31 Article 24 U.K. Implementing Regulations

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

F31 Art. 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)