The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018

Statutory Rules of Northern Ireland

2018 No. 106

Sea Fisheries

The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018

Made

3rd May 2018

Coming into operation-

1st June 2018

The Department of Agriculture, Environment and Rural Affairs is a Northern Ireland department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Union.

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Department that it is expedient for the references to the following EU Regulations to be construed as references to those Regulations as amended from time to time—

(a) Council Regulation (EC) No 1005/2008(3) establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing;

(b) Commission Regulation (EC) No 1010/2009(4) laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008; and

(c) Council Regulation (EC) No 1224/2009(5) establishing a Community control system for ensuring compliance with the rules of the common fisheries policy.

The Department of Agriculture, Environment and Rural Affairs makes the following Order in exercise of powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(6) and section 30(2) of the Fisheries Act 1981(7) and now vested in it(8).

(1)

S.I. 2000/2812.

(2)

1972 c.68.Section 2(2) was amended by section 27(1)(a) of the legislative and Regulatory Reform Act 2006 (c.51) and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7)

(3)

O.J. No. L 286, 29.10.2008, p.1, as last amended by Commission Regulation (EU) No. 202/2011 (O.J. No. L57, 2.3.2011 p.10).

(4)

O.J. No. L 280, 27.10.2009, p.5, as last amended by Commission Implementing Regulation (EU) No. 865/2013 (O.J. No. L 241, 10.9.2013, p.1).

(5)

O.J. No. L 343, 22.12.2009, p.1, as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council (O.J. No. L133, 29.5.2015, p.1).

(6)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and, so far as relevant, amended by section 3(3) of, and Part1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

(7)

1981 c.29. Section 30(2) was amended, in relation to Northern Ireland, by section 1(1) and (3) of the Fisheries Act (Northern Ireland) 2016 (c.27(N.I))

(8)

By virtue of article 3(2) of, and paragraph 3(1) of Schedule 2 to, the Sea Fisheries (Northern Ireland) Order 2002 (S.I. 2002/790) the function of the Ministers (see definition in section 30(3)) conferred by section 30(2) (of making provision by order for the enforcement of any enforceable EU restriction or other obligation relating to sea fishing within the Northern Ireland zone and outside that zone in relation to Northern Ireland fishing boats) was transferred to the Department of Agriculture and Rural Development. The Department of Agriculture and Rural Development was re-named the Department of Agriculture, Environment and Rural Affairs by section 1(2) of the Departments Act (Northern Ireland) 2016 c.5 (N.I.).