The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019

Regulation (EU) 2019/472 of the European Parliament and of the Council establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks U.K.

6.—(1) Regulation (EU) 2019/472 of the European Parliament and of the Council establishing a multiannual plan for stocks fished in the Western Waters and adjacent waters, and for fisheries exploiting those stocks is amended as follows.

(2) In Article 1—

(a) in the second subparagraph of paragraph 1—

(i) omit “Union or”,

(ii) for “Commission may adopt delegated acts in accordance with Article 18 amending” substitute “ Secretary of State may, subject to paragraph 2A, by regulations amend ”, and

(iii) omit the final sentence;

(b) in paragraph 2—

(i) for “Commission” in the first place it occurs, substitute “ Secretary of State ”, and

(ii) for “Commission may submit a proposal for the amendment of that list” substitute “ Secretary of State may, subject to paragraph 2A, by regulations amend that list ”;

(c) after paragraph 2 insert—

“2A.   Where, in the circumstances described in paragraph 2B, the exercise of the power to make regulations under paragraph 1 or 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 either of those powers 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 1 or, as the case may be, 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.”.

(d) in paragraph 4 for “Union legal acts” substitute “ enactments ”; and

(e) in paragraph 5 for “Union” substitute “ United Kingdom ”.

(3) In Article 2—

(a) in point (1)—

(i) for “Union” substitute “ United Kingdom ”, and

(ii) omit the words from “and the South” to the end;

(b) in point (2) omit “Union or”;

(c) in point (8) omit “Union or”;

(d) in point (9) omit “Union or”; and

(e) after point (9) insert—

“(10) ‘enactment’ has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M1 .”.

(4) In Article 3—

(a) in paragraph 1 omit “of the common fisheries policy”;

(b) in paragraph 3—

(i) omit “Union”, and

(ii) for “set out in Article 1(1) of Directive 2008/56/EC” substitute “ referred to in regulation 4(1) of the Marine Strategy Regulations 2010 M2 ”;

(c) in paragraph 4(c) after “objectives set out in” insert “ the provisions of any enactment specifically giving effect to the objectives set out in ”; and

(d) after paragraph 4 insert—

“4A.   For the purposes of paragraph 4(b), in Annex 1 to Directive 2008/56/EC descriptor 9 is to be read as if the reference to “Community legislation” were a reference to “retained EU law”.”.

(5) In Article 4 for paragraphs 2 and 3 substitute—

“2.   A fisheries administration must request from ICES, or a similar independent scientific body recognised at international level, the ranges of F_MSY based on the plan.

3.   When fishing opportunities are determined for a stock they must be established in the lower range of F_MSY available at that time for that stock.”.

(6) Omit Article 6.

(7) In Article 7 for the words before point (a) substitute—

“A fisheries administration must request from ICES, or a similar independent scientific body recognised at international level, the following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) based on the plan—”.

(8) In Article 8(3) omit point (a).

(9) In Article 9—

(a) for paragraph 1 substitute—

“1.   A fisheries administration may make regulations in order to supplement this Regulation regarding the technical measures specified in paragraph 1C, insofar as they are not covered by Regulation (EU) 2019/1241.

1A.   Subject to paragraph 1B, the Secretary of State may make regulations in order to supplement this Regulation regarding the technical measures specified in paragraph 1C, insofar as they are not covered by Regulation (EU) 2019/1241.

1B.   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 1A 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.

1C.   The technical measures referred to in paragraphs 1 and 1A are—

(a) specifications of characteristics of fishing gears and rules governing their use, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;

(b) specifications of modifications or additional devices to the fishing gears, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;

(c) limitations or prohibitions on the use of certain fishing gears and on fishing activities in certain areas or periods to protect spawning fish, fish below the minimum conservation reference size or non-target fish species, or to minimise the negative impact on the ecosystem; and

(d) the fixing of minimum conservation reference sizes for any of the stocks to which this Regulation applies, to ensure the protection of juveniles of marine organisms.

1D.   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.”; and

(b) in paragraph 2 for “The measures referred to in paragraph 1 of” substitute “ Regulations made under ”.

(10) In Article 10—

(a) for paragraph 1 substitute—

“1.   When a fisheries administration distributes fishing opportunities for use by fishing vessels it must take account of the likely catch composition of fishing vessels participating in mixed fisheries.”; and

(b) omit paragraph 2.

(11) In Article 11—

(a) in paragraph 1 for “the Council” substitute “ any person determining fishing opportunities ”;

(b) in paragraph 2 for “the Council” substitute “ any person determining fishing opportunities ”; and

(c) in paragraph 3 for “Member States shall” substitute “ a fisheries administration must ”.

(12) In Article 12(2) for “When fixing fishing opportunities, the Council shall” substitute “ Any person determining fishing opportunities must ”.

(13) In Article 13—

(a) in the heading for “Union” substitute “ United Kingdom ”;

(b) in paragraph 1 for the words from “the Commission” to “Article 18 of Regulation (EU) No 1380/2013” substitute “ a fisheries administration may make regulations ”; F1 ...

[F2 (ba) after paragraph 1 insert—

“1A.   Subject to paragraph 1B, for all stocks of species in the Western Waters to which the landing obligation applies under Article 15(1) of Regulation (EU) No. 1380/2013, the Secretary of State may make regulations in order to supplement this Regulation by specifying details of that obligation as provided for in points (a) to (e) of Article 15(5) of Regulation (EU) No 1380/2013.

1B.   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 1A 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.”; and]

(c) in paragraph 2 for “the Council sets limits” substitute “ limits are set ”.

(14) In Article 14—

(a) in paragraph 1—

(i) for “each Member State shall” substitute “ a fisheries administration must ”,

(ii) for “flying its flag and” substitute “ in its fleet ”, and

(iii) for “Member States” substitute “ a fisheries administration ”;

(b) omit paragraph 2; and

(c) in paragraph 3—

(i) for “Each Member State shall” substitute “ A fisheries administration must ”, and

(ii) omit “to the Commission and the other Member States”.

(15) In Article 15—

(a) in the heading for “Union” substitute “ United Kingdom ”;

(b) in paragraph 1—

(i) for “the Union shall” in both places it occurs, substitute “ a fisheries administration must ”, and

(ii) for “Union operators” substitute “ United Kingdom operators ”; and

(c) in paragraph 2 for “the Union” substitute “ a fisheries administration ”.

(16) Omit Chapter 10.

(17) In the heading to Chapter 11 omit “Evaluation and”.

(18) Omit Article 17.

(19) For Article 18 substitute—

“Article 18 U.K. Regulations

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 M3 .

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 M4 .

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 M5 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 M6 ));

(b) make different provision for different purposes.”.

(20) Omit Chapters 12 and 13.

(21) Omit Article 23.

Textual Amendments

F1 Word in reg. 6(13)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 17(3)(a)

F2 Reg. 6(13)(ba) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1542), regs. 1(2), 17(3)(b)

Commencement Information

I1 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M1 2018 c. 16.

M2 S.I. 2010/1627; relevant amending instruments are S.I. 2018/287 and 2018/1399.

M3 2010 asp 10.

M4 S.I. 1979/1573 (N.I. 12).

M5 1954 c. 33 (N.I.). Section 41(6) was amended by S.I. 1999/663.

M6 2018 c. 16.