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

Regulation (EU) No 640/2010 of the European Parliament and of the Council establishing a catch documentation programme for bluefin tuna Thunnus thynnus U.K.

9.—(1) Regulation (EU) No 640/2010 of the European Parliament and of the Council establishing a catch documentation programme for bluefin tuna Thunnus thynnus is amended as follows.

(2) In Article 1 omit “Union”.

(3) In Article 2—

[F1 (a) for point (b) substitute—

“(b) ‘Domestic trade’ means trade in Great Britain in bluefin tuna caught in the ICCAT Convention Area by a United Kingdom catching vessel or trap, which is landed in Great Britain, or which is caged in a farm established in the United Kingdom;”;

(b) in point (c)—

(i) after “third country” insert “or Northern Ireland”,

(ii) for “Union” in the first place it occurs, substitute “United Kingdom”, and

(iii) for “the territory of the Union” substitute “Great Britain”;

(c) in point (d), for “the territory of the Union” substitute “Great Britain”;

(d) in point (e), for “the territory of the Union” in both places it occurs, substitute “Great Britain”;]

(e) omit points (g) to (i); and

(f) at the end insert—

“(l) ‘United Kingdom fishing vessel’ means a fishing vessel which is registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 M1 , and which is any powered vessel used or intended for use for the purposes of the commercial exploitation of bluefin tuna resources, including catching vessels, processing vessels, support vessels, towing vessels, vessels engaged in transhipment and transport vessels equipped for the transportation of tuna products and auxiliary vessels, except container vessels;

(m) ‘United Kingdom catching vessel’ means a United Kingdom fishing vessel used for the purposes of the commercial capture of bluefin tuna resources.”.

(4) In Article 3—

(a) in paragraph 1—

(i) for “Member States shall” substitute “ A fisheries administration must ”,

(ii) for “their” substitute “ its ”, F2 ...

[F3 (iia) after “ports,” insert “and”, and]

(iii) omit “, and harvested from [F4 their] farms”;

(b) in paragraph 2 for “[F5 the territory] of the Union” substitute “ [F6 Great Britain] ”;

(c) in paragraph 3—

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

(ii) for “a Member State” substitute “ a fisheries administration ”;

(d) omit paragraphs 4 to [F7 7;]

[F8 (da) in paragraph 8—

(i) for “Flag or trap Member States shall” substitute “A fisheries administration must only”, and

(ii) for “only to their” substitute “to”; and]

(e) in paragraph 9—

(i) for “flag or trap Member State” substitute “ United Kingdom ”, and

(ii) for “catching vessel” [F9 in the first place it occurs,] substitute “ United Kingdom catching vessel ”.

(5) In Article 4—

(a) for paragraph 2 substitute—

“2.   A fisheries administration must validate the catch document in circumstances where—

(a) the vessel in question is a United Kingdom fishing vessel; or

(b) the seller or exporter is established in [F10 Great Britain].

2A.   A fisheries administration must validate the catch document for all bluefin tuna only where—

(a) the catching vessel is a United Kingdom catching vessel;

(b) all the information contained in the catch document has been established to be accurate as a result of the verification of the lot;

(c) the accumulated amounts to be validated are within their quotas or catch limits of each management year, including, where appropriate, individual quotas allocated to catching vessels or traps; and

(d) the bluefin tuna complies with the relevant provisions of the ICCAT conservation and management areas.”;

(b) in paragraph 3 for “flag or trap Member State” substitute “ country ”; and

(c) in paragraph 6 for “Member State concerned” substitute “ fisheries administration ”.

(6) In Article 5—

(a) in paragraph 1—

(i) for “Member States may require their catching vessels” substitute “ A fisheries administration may require United Kingdom catching vessels in its fleet ”, and

(ii) for “Member State” substitute “ United Kingdom ”;

(b) for paragraph 2 substitute “ A summary of the implementation of the tagging programme must be submitted to the ICCAT Secretariat within a reasonable period of time. ”; and

(c) in paragraph 3 for “Member States'” substitute “the United Kingdom's”.

(7) In Article 6(1)—

(a) for “Member States shall” substitute “ A fisheries administration must ”; and

(b) for “their territory” substitute “ [F11 Great Britain] ”.

(8) In Article 7 for paragraph 1 substitute—

“1.   [F12 Where a re-export from Great Britain takes place], a fisheries administration must validate the re-export certificate.”.

(9) In Article 8—

(a) in paragraph 1—

(i) for “Member States shall” substitute “ A fisheries administration must ”,

(ii) omit point (a),

(iii) in point (b)—

(aa) omit “Member State or”, and

(bb) omit “domestically”; and

(b) in paragraph 2 for “Member States shall” substitute “ A fisheries administration must ”.

(10) In Article 9—

(a) in paragraph 1—

(i) for “Member States shall” substitute “ A fisheries administration must ”,

(ii) for “their” substitute “ its ”, and

(iii) for “their territory” substitute “ [F13 Great Britain] ”;

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

(c) for paragraph 4 substitute—

“4.   If a fisheries administration identifies a lot with no catch document, it must notify its findings to the exporting CPC and, where known, the flag CPC;”;

(d) in paragraph 5 for “Member States shall” substitute “ a fisheries administration must ”;

(e) in paragraph 6 for “Member State” substitute “ fisheries administration ”.

(11) In Article 10—

(a) in paragraph 1—

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

(ii) for “Commission” substitute “ ICCAT Secretariat ”;

(b) in paragraph 2 for “Commission” substitute “ ICCAT Secretariat ”;

(c) in paragraph 3—

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

(ii) for “Commission” substitute “ ICCAT Secretariat ”; and

(d) omit paragraph 4.

(12) In Article 11—

(a) in paragraph 1—

(i) for “15 September” substitute “ 1 October ”,

(ii) for “Member States shall” substitute “ a fisheries administration must ”, and

(iii) for “Commission” substitute “ ICCAT Secretariat ”; and

(b) omit paragraph 2.

(13) Omit Articles 12 to 15.

(14) Omit Articles 17 and 18.

(15) In Annex 4—

(a) in Part 1, in section (2) for “Member States” substitute “ A fisheries administration ”;

(b) in Part 2, in section (1)—

(i) in point (a) for “the flag or trap Member State” substitute “ a fisheries administration ”, and

(ii) in point (b) for “indicate the flag or trap Member State” substitute “ United Kingdom ”;

(c) in Part 3—

(i) in section (1), in point (a)—

(aa) for “the flag Member State” in each place it occurs, substitute “ a fisheries administration ”, and

(bb) for “the Member State concerned” substitute “ a fisheries administration ”,

(ii) in section (2) for “the flag Member State” substitute “ a fisheries administration ”;

(d) in Part 4, in section (1), in point (a)—

(i) for “the flag Member State” in each place it occurs, substitute “ a fisheries administration ”, and

(ii) for “the Member State concerned” substitute “ a fisheries administration ”;

(e) in Part 5—

(i) in section (1)—

(aa) in point (a) for “the flag Member State” substitute “ a fisheries administration ”, and

(bb) in point (b) omit “Member State or”, and

(ii) in section (2) for “The flag Member State” substitute “ A fisheries administration ”;

(f) omit Parts 6 and 7; and

(g) in Part 8—

(i) in section (1), in point (a) for “the Member State” substitute “ a fisheries administration ”, and

(ii) in section (2)—

(aa) for “Member State” in the first three places it occurs, substitute “ fisheries administration ”,

(bb) for “a Member State” substitute “ the United Kingdom ”, and

(cc) for “re-exporting Member State or” substitute “ the United Kingdom or re-exporting ”.

(16) In Annex 5—

(a) in section 2 omit “Re-exporting Member [F14 State]”; and

(b) in section 7 for “Member State” substitute “ United Kingdom ”.

(17) In Annex 6—

(a) omit “Member States or” in each place it occurs;

(b) for “Reporting Member State” substitute “ United Kingdom ”; and

(c) omit “Member States” in each place it occurs.

Textual Amendments

F1 Reg. 9(3)(a)-(d) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(a)

F2 Word in reg. 9(4)(a)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(b)(i)(aa)

F3 Reg. 9(4)(a)(iia) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(b)(i)(bb)

F4 Word in reg. 9(4)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(d)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 9(4)(b) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(b)(ii)(aa)

F6 Words in reg. 9(4)(b) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(b)(ii)(bb)

F7 Word in reg. 9(4)(d) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(b)(iii)

F8 Reg. 9(4)(da) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(b)(iv)

F9 Words in reg. 9(4)(e)(ii) inserted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(d)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 9(5)(a) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(c)

F11 Words in reg. 9(7)(b) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(d)

F12 Words in reg. 9(8) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(e)

F13 Words in reg. 9(10)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy (Amendment etc.) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1599), regs. 1(2), 3(2)(f)

F14 Word in reg. 9(16)(a) substituted (31.12.2020 immediately before IP completion day) by The Common Fisheries Policy and Animals (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/1312), regs. 1(2), 9(2)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 1995 c. 21.