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Regulation (EU) 2018/973 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2018/973 of the European Parliament and of the Council of 4 July 2018 establishing a multiannual plan for demersal stocks in the North Sea and the fisheries exploiting those stocks, specifying details of the implementation of the landing obligation in the North Sea and repealing Council Regulations (EC) No 676/2007 and (EC) No 1342/2008
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Changes over time for: Article 4
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Article 4U.K.Targets
1.The target fishing mortality, in line with the ranges of FMSY defined in Article 2, shall be achieved as soon as possible, and on a progressive, incremental basis F1... for the stocks listed in Article 1(1), and shall be maintained thereafter within the ranges of FMSY, in accordance with this Article.
[F22.[F3The Secretary of State] must request from ICES [F4, or a similar independent scientific body recognised at international level,] the ranges of FMSY based on the plan.
3.When fishing opportunities are determined for a stock they must be established in the lower range of FMSY available at that time for that stock.]
4.Notwithstanding paragraphs 1 and 3, fishing opportunities for a stock may be fixed at levels that are lower than the ranges of FMSY.
5.Notwithstanding paragraphs 3 and 4, fishing opportunities for a stock may be fixed in accordance with the upper range of FMSY available at that time for that stock, provided that the stock referred to in Article 1(1) is above MSY Btrigger:
(a)if, on the basis of scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in the case of mixed fisheries;
(b)if, on the basis of scientific advice or evidence, it is necessary to avoid serious harm to a stock caused by intra- or inter-species stock dynamics; or
(c)in order to limit variations in fishing opportunities between consecutive years to not more than 20 %.
6.[F5Where the spawning stock biomass is above Blim, fishing] opportunities shall F6... be fixed in such a way as to ensure that there is less than a 5 % probability of [F7it] falling below Blim.
[F87.The Secretary of State may, in view of a relevant change of circumstances, make a determination under section 23 of the Fisheries Act 2020 (power of Secretary of State to determine fishing opportunities) otherwise than in accordance with paragraphs 3 to 6.
8.If the Secretary of State makes a determination in reliance on paragraph 7 the Secretary of State must prepare and publish a document—
(a)describing the relevant change of circumstances, and
(b)explaining how the relevant change in circumstances affected the determination.
9.For the purposes of this Article, the changes in circumstances that are capable of being “relevant” include (in particular) changes relating to—
(a)the international obligations of the United Kingdom,
(b)things done (or not done) by the government of a territory outside the United Kingdom that affect the marine and aquatic environment (within the meaning of the Fisheries Act 2020),
(c)available scientific evidence, or
(d)available evidence relating to the social, economic or environmental elements of sustainable development.]
Textual Amendments
F1Words in Art. 4(1) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(a) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
F2Art. 4(2)(3) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 25(5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 4(2) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(b)(i) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
F4Words in Art. 4(2) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(b)(ii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
F5Words in Art. 4(6) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(c)(i) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
F6Words in Art. 4(6) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(c)(ii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
F7Word in Art. 4(6) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(c)(iii) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
F8Art. 4(7)-(9) inserted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(f), Sch. 11 para. 9(4)(d) (with Sch. 4 para. 31, Sch. 11 para. 15(3))
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